QUERY
Hi,
I am Gauri , Working in H.R.Dept.
I have one question that is it necessory to give notice period for employees, if yes then after complition of notice period,company will paid salary for it or not.
Thanks.
Gauri.

5th December 2008 From India , Anand

Hi No of months depends upon the appointment letter. I think as per Labour laws, its one month (you may check this out). Yes, company has to pay the salary for notice period also. BR Shankar
5th December 2008 From Bahrain , Manama
Hi Gauri, No of notice period months is depends upon the company and they should pay salary for it. Regards Chandru
6th December 2008 From India , Bangalore
yes, The Employees have to sercive notice period and their salary has to be processed, J.P.Bhagirathi
6th December 2008 From India , Bangalore
hi Gauri,No of notice period months is depends upon the company and they should pay salary for it.Vinod
7th December 2008 From India , Mumbai
HI Gauri,
U have asked a very basic question. In its reply I want to say that yes for an employee its ethical rather then necessary to serve the Notice Period. NPeriod can be 1 month ( it completed his probation period) or could be 15 days (if on probation).
Once he completes his notice period, he gets his last working month salary by cheque & other documents like Relieving Letter, Character Certificate, exp letter etc.
Do let me know it any further information is needed at
8th December 2008 From India , Mumbai
dear gouri,
HR dept or any organisation maid notice period system so that company can hire another person in that period and can handover the duties of one resigned, is handling. its a normal working so salary is paid. notice period means only the time given to employer to recruit one to handle one's job so that routine work is not affected.
regards
rajiv
8th December 2008 From United Arab Emirates , Dubai
Hai Gauri,
As per the rule if you are a confirmed staff of a company you need to give a notice period for which you will be paid for.If you fail to give a notice period you will have to give to the company your one month salary.
If you are not a confirmed staff,NO PROBLEMS at all.You can just walk off.
Sree Parvathy
Training Manager
8th December 2008 From India , Bangalore
Dear all,

gauri has indeed posted a basic and important question. vijaya has gone some way in answering it . here's my piece.

i'll assume the employee concerned is not a workman under the industrial disputes act, and that he has some kind of administrative / managerial duties (life's not so easy when the employee is a workman).

for employees who are not workmen, their relationship with their employer is governed by the Contract of Employment (called by various other names such as Appointment Letter, Agreement of Service, Work Contract, or whatever you HR guys can come up with :)

if the Contract for Employment provides for a notice period to be given before an employee quits (and every employer in his right mind will ensure that such a provision exists), then the Notice period will depend on what's in the contract. typically, such contracts provide that the employee has to give 1 month Notice in writing or 1 Month's salary in lieu of Notice (i.e. instead of Notice), regardless of whether he is on probation or whether he's confirmed. the employer on the other hand normally keeps it flexible. saying that the company can terminate the services of the employee without Notice while he is on probation, if he's not meeting the expectations of the Company, or by giving 1 month's Notice or salary in leiu of Notice to the Employee if confirmed. Even then, the Company normally reserves the right to terminate the confirmed employee's employment without Notice or pay if the employee is found guilty of any misconduct.

in case the Contract of Employment does not provide for a Notice period, then we have to look to the law. if your office is not a factory, then you must be governed by your local Shops and Establishments Act, (like in Maharashtra,there's the Bombay Shops & Establishments Act). Every state in India has one. the Act will have a provision dealing with notice period. but it deals only with the notice that the employer has to give to the employee before termination, not when the employee wants to resign.

moral of the story, the Contract of employment must have the provision for an employee providing notice before quitting, or salary in lieu thereof. and yes, he must be paid his salary for the time he works, including the Notice period. if the contract of employment does not make a provision mandating that the employee give notice before quitting, then you might want to sit with him and work something out.
9th December 2008 From India , Pune
HI,
It is mandatory that the order of appointment contain the notice period for termination of the service by either the employer or employee. It binds both as a matter of natural justice. Hence prior notice must be given as per the order and the employee is paid if he does not absent himself during the notice period.
If the order is silent as regards the notice period, it is as per the discretion of the employer.
9th December 2008 From India , Delhi

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