Notice period enquiry Notice period enquiry

2 years ago

My employment appointment letter does not capture information regarding serving Notice period, however, it does capture info on "Notice of Termination by either parties" phrase. I have been informed lately by my employer to serve a 60 days notice period mandatorily to get relieved. I am also fine with lieu of termination clause by paying a one month salary, but the employer is not agreeing to it & insisting on 60 days NP. I do have 20+ leaves encashment (which sums up more than my monthly salary) to be considered for my FnF. Kindly suggest regarding the options I can explore as I need to join my new employer in the next 7 days.

Anik

Responded 2 years ago

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A.Dear Client,

As per the facts which have been provided, if nothing regarding notice period has been mentioned in the employment appointment letter and employment agreement then the company cannot force for serving a notice period of 60 days. However, you can provide full details to an Advocate for consultation.

Hope this clarifies your query and requirement.

Thank you.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Private employers taking advantage of non existence of relevant labor laws. So you may take shelter under Section 12 of Industrial Disputes Act and approach office of Labor Commissioner.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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