Legal Question in Employment Law in India

Recently TCS raised its notice period from 1 month to 3 month. Also most of the companies in India have more than 2 month notice periods.

Does notice period is against fundamental right against exploitation, where people are forced to work against their will for 2-3 months?


Asked on 2/20/16, 9:51 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.02.2016

Dear Sir / Madam,

"Notice period" is the approximate estimated days mutually agreed between the Employer and the Employee to complete and handover all tasks and work assigned by the Employer to be done and performed by the Employee, as on and till the date of submission of notice of resignation by the Employee to the Company / termination of service by the Employer. Any subsequent adhoc increase in notice period imposed by the Company on its employees, constitutes bonded or forced labour, and is against the principals of natural justice and violate the fundamental rights of the Employee.

Regards,

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Answered on 2/21/16, 1:46 am


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