Notice period

The agreement is being accepted and signed by both the parties, read and understand before acceptance.

Dear Sir,

This is very unfair clause.  You can very well approach the labour commission/court raising the insertion of this arbitrary clause in the agreement.  You will definitely get the relief.

Dear Ravinder,

  Thanks for your valuable reply. when i convey ,them this clauses are unfair. If they dont accept. What can i do?. 

If i fight with them legally, next company will approach them for background verification. That time they may tell  something negative. What can i do?

Please let me clear is there any law regarding  notice period also let me know the notice period may vary for employer and employee or it should be equal for both.

Awaiting for your reply

Thanks

What is the negetive.  You will win the case. The next employer may appreciate you for taking dare step. Under Industrial dispute Act and Minimum wages act and other Acts, the rules and regulations are already enumerated for the welfare of the employee.  As the employer is a huge, the employee cannot fight against him.  Hence, the law is framed for the welfare and safety of the employer in the hands of employer.  Service matter is not my specialisation.  If you want I will enquire and let you know the latest position of the law in this aspect.  You may contact me 7893011777 or ravinder2345@gmail.com.  

Thanks a lot for your very quick reply. 

Dear Sir,

Please refer below is Mumbai shop establishment act Section 66 which describes about notice period.

Please let me know in this section 66 mentioned as atleast 30 days and atleast 15 days. what is the meaning of atleast (minimum)?. If this section is mentioned with minimum notice period, then employer can ask maximum notice period(60 days)?

Beacuse they have not mentioned any maximum time limit. Please advice me sir.

Chapter: Miscellaneous and Supplemental 

Section 66: Notice of termination of service 

No employer shall dispense with the services of an employee who has been in his [continuous employment] - 

a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such 

notice: 

b) for less than a year but more than three months, without giving such person at least fourteen days notice in 

writing, or wages in lieu of such notice: 

c) Provided that such notice shall not be necessary where the services of such employees are dispensed with for 

misconduct. 

[Explanation - For the purposes of this section, "misconduct" shall include - 

a) absence from service without notice in writing or without sufficient reasons for seven days or more;

Thanks

Sec 66 is relating to employer liability to give atleast 30 days notice to employee.  Then what is the section provided and what is the time limit provided for employee  to give notice to the employer.  

I go with the opinion of learned Dr. Vashista on the subject.Once you have agreed to the terms and conditions before  joining, what is the problem to dispute about it ata later stage. If you wish to bring the matter to the Labor Commissioner, you may do so wasting your time, energy and money over it, because ours is a system full of ..........practices, how far you think  a Labor commissioner will be able to stand by the side of an individual fighting a case for the benefit of public at  large. Do you think the authority is not knowing about such illegal atrocities of the employment giants?, mobilise support and then jump into the battle field forsuch noble causes lest you will stand isolated without any support.

Dear Ravinder,

Thanks for your reply. This section 66 doesnt say anything about employee notice period. please let me know is this act may give a  choice to employer for setting notice period from 30 days to 90 days?

Thanks

It appears, answers given to you by our learned brothers is self sufficient. Stii you have any grievance approach local advocate. Hope you understand

It appears, answers given to you by our learned brothers is self sufficient. Stii you have any grievance approach local advocate. Hope you understand

If you are covered by the def. of 'Employee' as in the Act then you may approach the Inspector appointed under the Act.The Act shall prevail upon appointment letter.  

If you are covered by the def. of Workman' as in the ID Act then you may approach the Labor Inspector, O/o Labor commissioner.

If standing orders (model/Certified) apply then look into these and these shall prevail upon appointment letter.  

The contract of employment should promote equitable discretions or these can easily be termed arbitrary.

There are many employee's/IT employee's/Trade unions that can support you.