Legal Question in Employment Law in India

notice period

used to work in an MNC company in Gurgaon till January 09 as a permanent employee working for last 2.5 years when I resigned form there and joined a new company in Delhi . As per my employment contract with Gurgaon Company, notice period requirement was 3 months and I served short notice of 16 days only and therefore comes the question of notice pay. Now in the light of above scenario may I request your advice in case of following matters,

1. Do Labor laws in noida allow notice period of more than 1 month.

2. Till the time I don�t pay the notice pay for the remaining period, can my company withhold my experience and relieving letter.

Can I challenge the validity of 3 months notice as based on my limited understanding of noida laws no company can enforce notice pay of more than 1 month.


Asked on 5/14/09, 7:14 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: notice period

1. Notice period may be governed by mutual contract;

2. The company could take appropriate disciplinary action against you for short notice period or pay in lieu thereof;

The challenge in court may be expensive and time consuming.

You may better reconcile with the situation and try to avoid litigation which may be expensive and time consuming with uncertain results.

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Answered on 5/14/09, 11:06 pm
Pranav Desai PD Legal & Associates

Re: notice period

Since you have executed a contract. The notice pay will be contractual.

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Answered on 5/15/09, 5:23 am
KAMAL GROVER

Re: notice period

Yes i month notice is sufficient and for that company can stop your payements also. But they cannot claim for 3 months.

We provide best performance and deal all over India.

Regards

Kamal Grover

Advocate

Chandigarh

For more query plz feel free, contact

M:09814110005

adv.kamal.grover/gmail.com

We fight for your Rights.

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Answered on 5/22/09, 7:05 am


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