Vasanth (Engineer) 28 February 2013

Notice period violation

Hi,

I worked for an IT services company. As per of the employment contract, its mentioned that I need to serve 3 months notice period for leaving the company. But, if the company want to fire me, they will provide me 1 month notice period. If the employee behaviour is not good, the contract says that they can fire me without giving any notice. But, because of my personal reasons, I have not given 3 months notice. But, I have given 1 month notice period before leaving the company. In my notice, I even mentioned that I will compensate the remaining period with money. They didnot agreed for that. I joined my new employer recently.

After joining the new employer, I recieved an email from my previous employer that he will send legal notice to me, for not serving 3 months notice period.

1) is this type of one sided employment contracts valid? i.e for employee 3 mth notice, but for employer its 1 month

2)In general, what may be the consequence of this violation? I am ready to pay money. But they are not accepting it. what can I expect from their notice, because of this contract violation?

Regards,
Vasanth.

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2 Replies

SRISHAILA.DHARANI (Advocate&consultant) 28 February 2013

1) is this type of one sided employment contracts valid? i.e for employee 3 mth notice, but for employer its 1 month---NOT VALID IN LAW

2)In general, what may be the consequence of this violation? I am ready to pay money. But they are not accepting it. what can I expect from their notice, because of this contract violation? --- NOTHING WILL HAPPEN , SINCE YOU HAVE ALREADY INFORMED THEM IN YOUR RESIGNATION LETTER YOU ARE READY TO COMPENSATE THE COMPANY.

SRISHAILA,BANGALORE,ADVOCATE,9741425514,sdharani120@gmail.com

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Kumar Doab (FIN) 28 February 2013

Service conditions are stated in standing orders of the company. Service conditions as in standing orders can not be negated in appointment letter. If company is under IESO Act and has extended to your designation/position you may refer to these. If certified standing orders are not framed, model standing orders shall apply.

Some stated had granted exemption to IT companies from IESO Act some had not.

Some states have ended this exemption now and IESO Act shall be applicable again e.g. Karnataka.

Model Standing Orders:

13. Termination of employment

16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

[1] Subs by ibid

NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.

17. Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

[1] Subs by ibid

18. Exhibition of standing orders.--A copy of these orders in English and in Hindi shall be pasted at [1][*****] and on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.

SE Act is applicable to IT companies. You may refer to SE Act applicable to your state.

e.g. SE Act Delhi:

30. NOTICE OF DISMISSAL

Approach a competent and experienced service lawyer/labor consultant with copies of all docs, give inputs in person, spend quality time and proceed under expert advice of your lawyer. Don’t pay any amounts, until finally advised by your lawyer.

Your lawyer may opine that you fall within the category of workman and ID can be invoked. Designation alone does not decide employee is a workman or not.

The company may yield to legal notice of your lawyer, demand notice by you thru your lawyer, during conciliation proceedings, Notice by Wages Inspector, Inspector under SE act…..

Valuable advice of learned experts/members is sought.

Attached File : 939107138 delhi shops & establishments act, 1954.pdf, 939107138 model%20standing%20orders.doc downloaded: 206 times