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Is Employee Notice Period Legal In India?

The short and sweet answer to your question is, Yes, the employee notice period is legal in India. But to what extent? Well, for that, you must understand both sides, and by that, we mean the side of the employee as well as the employer to get the full picture. Alright, let’s get to it then.

Employee Notice Period

Firstly, What’s A Notice Period?

A notice period is the time an employee has to keep working after they say they will quit their job. It gives the employer time to find someone else for the job or to plan for the employee to leave. During this time, the employer can find another employee for the job or make plans for the leaving worker. In India, this time can vary from one month to three months, usually based on the job and the experience of the employee. The acts of determining the laws in India include the Industrial Disputes Act of 1947 and the Shop and Establishment Act.

Court Decisions on Notice Periods

The Supreme Court of India has made decisions that explain how notice periods should work. For example, in the case of Pramod Jha versus the State of Bihar, the court looked at when an employer needs to give notice before letting someone go. Another case of Kalyani Sharp India Ltd. vs. Labour Court No. 1, Gwalior, showed us how long trainees should be given notice. Such decisions are clear indications that the period of notice may change from place to place, depending on the job contract and the law.

Rights and Duties of Employees and Employers

See, it’s very much possible that an employee can terminate the job without notice if his employer does something very wrong or breaks the contract. On the other hand, employers may require workers to work for them during a required notice period and may take legal action against their employees if the given rule is not followed. If an employee leaves without serving proper notice, he or she will expose himself to the following dangers: legal action and not getting the last paycheck, finding it hard to be employed later on due to a bad reputation.

Otherwise, employees failing to work their notice period will make themselves vulnerable to a court case by the employer for breach of contract. This would mean that the employee may have to pay money or face other penalties. Usually, these problems are resolved by talking, but sometimes they end up in court. In this case, employees should get an opportunity to be able to get legal advice and know their rights and duties.


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