Legal Question in Employment Law in India

Notice period

I 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 Haryana 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 Haryana laws no company can enforce notice pay of more than 1 month.


Asked on 2/28/09, 3:20 am

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

Re: Notice period

1. The notice period can be decided as per mutual agreement; the notice period of more than one month is not illegal in an agreement/contract.

2. Yes, the company may withheld giving you the appropriate documents.

3. There is no bar to make a challenge even if there may be little chances of success.

Advice : You should better settle the dispute amicable by out of court settlement. The dispute may cause you more harm than any good.

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Answered on 2/28/09, 8:28 am
Pranav Desai PD Legal & Associates

Re: Notice period

1)Notice period will depend on agreement you had for the same while signing your employment contract.

2)Yes

3)There is no harm in challenging but based on the facts provided your chances of sucess are very less.

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Answered on 3/01/09, 3:08 pm


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