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subodh (Sr Manager)     02 December 2011

Notice period

Good moring to all,

  My question to the foram is that 'whether a company can put period of notice different for employee and employer'.

 Actually what company is doing is "period or compensation which employee shall pay is 30 days whereas for company it is 7 days".

In my openion, it is wrong on the basis of principle of natural justice. But I need firm legal basis.

 Forwarded to expert for openion and advice.

 



Learning

 5 Replies

kameswarao S (Head HR)     02 December 2011

Dear Mr.Subodh,

You are absolutely right. It can not be different. you should discuss with the HR and settle the issue. If not then you should approach the competent authority ie., either Asst.Commissioner or Dy.commissioner of labour.

Regards - kamesh

Kumar Doab (FIN)     02 December 2011

Learned Mr. Kameswarao has given valuable advice. Kindly follow it and lodge a complaint in writing with o/o Labor Commissioner under acknowledgment.

Thus you shall be benefiting not only yourself but many of your fellow colleagues. If others are willing you can proceed jointly.

V. VASUDEVAN (LEGAL COUNSEL)     02 December 2011

Is your employment governed by the contract  (employment letter).  The notice period requirement - was it a original term when you joined and signed the emplyment contract or modified susequently. These finer details would help determine the issue in a clear perspective.

vasudevan

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 December 2011

Whether you will get what you want, would depend on the judge and precedents. By precedents I mean High Court decisions, Supreme Court decisions etc. If you had signed the agreement at the time of your joining the company, then your case can be weak, as you have accepted the unfair agreement. You had an option not to join the Company with such unfair terms.

Kumar Doab (FIN)     07 December 2011

Learned Mr. Vasudevan has given valuable advice. You may confirm if the notice period was changed and a letter confirming change/email/circular to all employees was sent by company.

If the change was not accepted by you ( or employees) it does not stand as applicable to you.

Have you supplied a representation to the company (HR or any one else)? Has the company replied or is maintaining studied silence?

If you have not received any relief, (by a reply or no reply by the company) you may lodge a complaint with o/o labor commissioner, on this or any other issue you are still facing. Let them suffer the queries, penalty awarded to them. Transfer the burden you are unnecessarily keeping on them. Let the matter be brought to its logical conclusion.


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