Notice period - compulsory to employee Notice period - compulsory to employee

10 months ago

Is notice period compulsory to employee or contract worker(consultant)? Is notice period legal?

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

Service of notice by an employee at the time tendering his resignation from the employment of the employer comes under the purview of the exit policy of the employer and it varies normally from 15 days to 90 days depending on the nature of the employment and establishments.. In an establishment where model standing orders are followed, as per Clause 13(1) of the model standing orders as laid down in Schedule-I of the Industrial Employment(Standing Orders) Central Rules, 1946, for terminating the employment of a permanent workman, notice in writing shall be given either by the employer or the workman- one month's notice in case of the monthly rated workman and two weeks notice in the case of other workmen and one month or two weeks pay as the case may be, may be paid in lieu of notice. As per Clause 13(2) of model Standing orders, subject to the provision of I D Act, 1947, NO temporary workman or probationer or workman engaged for fixed-term employment as a result of non-renewal of the contract of employment or on its expiry, shall be entitled to any notice or pay in lieu of notice thereof.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Hello,
Generally, the time can be somewhere between 15 days to 3 months, depending on the nature of the job and the position the employee holds. The employer may take legal action against an employee for not serving the notice period in India for unlawful resignation or the leak of sensitive information.
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