Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Shalini (HR Manager)     24 September 2015

Minimum notice period to be served by an employee

Dear All

 

As per shops and Establishment acts what is the minimum notice period an employee is supposed to give to the employer. My organization is covered under shop and establishment act and nature of business is in to IT services.

Many IT companies nowadays keep notice period of 2 or 3 months. I want to know as per shop and establishment act what is the minimum notice any employee is required to give to the organization as per the law. Or is it based on the terms and conditions of the appointment letter!

 

Regards

Shalini

 



Learning

 3 Replies

Kumar Doab (FIN)     24 September 2015

Reated Query:

 

https://www.lawyersclubindia.com/forum/Showcause-notice-to-employee-who-has-not-served-any-notice-p-127341.asp#.VgPSV31-jMo

 

Minmum and Maximum both have been explained in the applicable enactments.

 

It has already been posted that: The enactments applicable to establishment/employer 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!

 

 

 

 

 

 

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     24 September 2015

Hi Shalini,

Please note that, Shops & Establishment has mentioned the Minimum Notice period for Termination of employee under section 66.  it is for employer. there is nothing any clause mentioned notice period for employee. However, rules of appointment letter, or any employment agreement agreed/consent by respective employees, same rules shall be applicable to him provide any clause doesn't affect or Contradicted to employees benefits, basic rights or nature of justice.

Regards,

Tushar Swar

ACHRM, MBA-HR, D.L.L. (Hons) 

Adv. Dhamale (Lawyer)     27 September 2015

Minimum period is prescribed in the applicable State SE Act.pl review the same along with th eservice rules of your company. 


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