Notice period
By sansaurabh •
In case of termination of contract by company.can a worker demand his notice period salary..If yes what would be the tenure to do so.i mean how many days would be of notice period..if probation period is completed and company is terminating the contract in less than a year..
Thank u for ur kind response my contract is tht of two year..and company is terminating the contract in 6 months.what are my right pertaining to it??can i ask for one month notice period
Article (49)
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods :
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
the notification period shall be at least two weeks.
C) If the service period is more than five years the notification period shall
be at least one month.
If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
Both side, employee and employer has to serve a notice period of not less than one month while terminating/resigning from the service if the employee has not violated some of the clauses in the labour law. Incase if you are sending back w/o any reason you have the right to get one month basic pay.Check with labour law for actual definitions.
Yes, Zoobi is right. Check your contract.
It is as per your contract. Check your labor contract with the company.
Normally for unlimited period contract the notice period is one month