Legal Question in Employment Law in India

In my conract letter it was mention that for a permenant employee the notice period is 3 months and for temperory employee the notice period is 1 month. I am appointed as a temperatory employee for a period of 1 year and than it is extended without and confirmation regarding permanent employment. Weather I have to pay 3 months of Notice Period or 1 months?

Second query is that, I am able to work only 1 and half month during Notice Period, So can I pay salary for remaining 1 and half month?

Third query is that, if a person is bound with 3 months of Notice period, weather he/she has to pay full salary or one has to pay only the Basic salary in compensation of Notice Period?


Asked on 4/21/14, 2:33 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.04.2014

Dear Sir / Madam,

If the Appointment Letter specifically states that your services will be confirmed in writing and the Company has not complied, you are deemed to be still on probation with a notice period of 1 month.

There is no question of three months notice to be given to the Company in your case.

It is enough if you have served the one month's notice period in the Company.

Regards,

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Answered on 4/21/14, 9:57 pm


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