The notice period,OT etc. are part of service conditions and are governed by enactments applicable to the establishment e.g. (name of the state) Shops and Establishments Act that was enacted to govern the service conditions of employees working in establishments covered by this Act , standing orders (Certified/Model)………………..
>>> OT:
e.g. as in
Delhi Shops and Establishments Act, 1954
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8. Employment of adults, hours of work.- No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly:
Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year:
Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.
Explanation.—For the purpose of calculating the normal hourly wage the day shall be reckoned as consisting of eight hours.
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The language suggests that the intimation to Chief Inspector has to be given……………….the employee may be allowed or required to work……………the OT shall not exceed 54hrs/week and 150hrs/year……
You may find the breach in the enactment applicable to the establishment.
>>> Notice Period:
e.g. as in
Delhi Shops and Establishments Act, 1954
30. Notice of Dismissal.- (1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:
Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.
(2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.
The notice period for service < 3 months =NIL…………..
If standing Orders are applicable and employee is under Probation Period notice period shall be NIL.
The notice period has been discussed in detail in following thread too:
https://www.lawyersclubindia.com/experts/Notice-period-523671.asp
>>> You may also go thru:
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11.
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Spread over
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17.
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Period of rest (weekly holiday)
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18.
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Wages for the holiday
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19.
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Time and conditions of payment of wages
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21.
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Claims relating to wages
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41.
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Wilfully making false entries
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37. Powers and duties of the Inspector
