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Shivshanker Cheral   23 September 2015

Is notice period is legal?

I want know like many(specially all IT companies) are putting a condition while leaving like 2 months/ 3months but while recuriting same company expecting to join within a week or 15 days. 

My question Notice period is legal 




 3 Replies

rajarajeswari (advocate)     23 September 2015

Yes its legal... When you quit suddenly, they have to recruit some one else in your place and offer training etc.,   




Rajarajeswari, Advocate

Madras High Court

1 Like

kameswarao S (Head HR)     23 September 2015

As both ( yourself & the management representative) have gone through the document, understood, agreed and signed & it is part of contract of employment hence it is legal.  One important point I want to mention here is that all the employees very confidently joins the company signing all related papers knowing or unknowingly and the question / legality / ethics will come in to picture when they planned to leave hence better not to be in hurry in joining & mind that what ever the document mutually signed are applicable and only option remained is legal battle which will distract you from your performance and going to be a disturbance on your personal front hence better to check before you sign instead of blamming or confronting at the end.

Kumar Doab (FIN)     24 September 2015

The notice period/pay is part of service conditions and is governed by various  enactments applicable to establishment/employer and these enactments shall prevail upon any private agreement/rule/policy that employer has drafted and signed with employee e.g. appointment letter/contract of employment/HR policy/service rules and regulations/service agreement/ etc!



As per provisions of the enactments :::

The notice period is dependant on length of service and may  be NIL...............................depending upon length of service or say 14/30 days......................The notice period during entire probation period is NIL.


Employee should preferably tender reasonable notice and allow the employer to put its house in order.


If employer can terminate without notice then so can employee. The T&C in employment contract should be equitable or these can easily be termed arbitrary.


The employee should communicate in writing the notice period and joining time in Resume and internal employment questionare..........................and keep joining time=notice period  and retain an acknowledged copy.






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