Can please someone let me know what should be minimum notice period to be paid to any employee under CLRA.
If we need to terminate the contract of an employee, what will be the minimum paid days we need to pay in lieu of notice period.
It will be great help if you can give reference to a clause of an act.
From India, Gurgaon
If we need to terminate the contract of an employee, what will be the minimum paid days we need to pay in lieu of notice period.
It will be great help if you can give reference to a clause of an act.
From India, Gurgaon
5
The CLRA does not prescribe any notice period.It is to be a matter of agreement between the employer and the employee and therefore will be stipulates as a term of employment either in teh letter of appointment or service rules/standing orders f the company.
B.Saikumar
HR & Labour Law Advisor
Navi Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advisor
Navi Mumbai
From India, Mumbai
Thank you both for the information.
However need clarification, if an employer is mentioning 30 days notice period in appointment letter for contract employees and principle employer is paying 15 days notice to their onroll employees,
In this case, Is principle employer liable to pay 30 days notice to contract employees?
From India, Gurgaon
However need clarification, if an employer is mentioning 30 days notice period in appointment letter for contract employees and principle employer is paying 15 days notice to their onroll employees,
In this case, Is principle employer liable to pay 30 days notice to contract employees?
From India, Gurgaon
If you are an employee of contractor, then the contractor is supposed to give you appointment and not the principal employer. The employee-employer relations remains between the employee and the contractor and NOT the employee and the principal employer.
Generally principal employers takes employees through contractor to avoid all hassles of employer-employee relationship.
If the principal employer gives appointment letter (with whatever term), does it create an employer-employee relationship between the employee and principal employer which the principal employer actually wants to avoid?
Moreover, such peculiar case can attract the clause of "dual employment" too.
From India, Kolkata
Generally principal employers takes employees through contractor to avoid all hassles of employer-employee relationship.
If the principal employer gives appointment letter (with whatever term), does it create an employer-employee relationship between the employee and principal employer which the principal employer actually wants to avoid?
Moreover, such peculiar case can attract the clause of "dual employment" too.
From India, Kolkata
The appointment letter to contract workers is given by the contractor but not be the principal employer as they are the employees of the contractor. If that is the case in your case, the principal employer is not concerned with the terms of notice pay payable to contract workers and he can stay with the stipulation of 15 days notice pay for on roll employees
B.Saikumar
Hr & Labour Law Adviser
Navi Mumbai
From India, Mumbai
B.Saikumar
Hr & Labour Law Adviser
Navi Mumbai
From India, Mumbai
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