Legal Question in Employment Law in India

I worked for a company 1 1/2 year and we have a notice period of 30days in the appointment letter .Is it mandatory of giving notice period.Is this effects in the payment of salary


Asked on 5/30/16, 5:43 am

2 Answers from Attorneys

Yes

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Answered on 5/30/16, 5:53 am
Fca Prashant Chavan Expert Edge LLP

30.05.2016

Dear Sir / Madam,

The clause regarding notice period serves the purpose that neither the employer nor the employee lose as a result of termination of the employment contract. From an employer's perspective, it ensures that the employee completes all pending work that has been assigned to him /her till the date of resignation, and enables the employer to put in place another employee to take over charge from the resigning employee. From the employee's perspective, the notice period duration has to be reasonable as so to ensure that the employee is not unnecessarily held back by the Company, which in any way may be detrimental or harmful to the employee's next career move. In your case, the 30 days notice period as contained in your notice period is mandatory. If you wish to be relieved earlier, you may request the Company to waive the notice period not served, else to deduct and adjust your salary (basic pay only) for the number of notice period days not served by you in the Company, which remains purely at the Company's discretion.

Regards,

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Answered on 5/30/16, 8:54 am


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