Reader Mailbag: Notice period Unlimited contract

Notice period Unlimited contract

Emails: 20-10-2013 to 23-10-2013

Question 1:I have worked during the notice period of one month after I have submitted my resignation letter…And after the notice period has expired, my employer asked for an extension of the notice period without any reason. Shall he have the right to do the same?

The employer may extent the notice period after the worker has completed his work in that period, but the same should be under the consent of both parties.

Question 2: I have submitted my resignation letter to my employer, knowing that I am working under Unlimited labour contract besides, we have already, me and my employer agreed to reduce the notice period, what shall be my legal position in such a case?

The one-month notice period may neither be reduced nor may the month period be relieved from even if the same has happened under the consent of both parties… but the respite period may be increased, (the month notice)

Question 3: How can the month notice allowance be calculated if the worker has submitted his resignation letter or if the employer has terminated the service of the worker…and the worker has already done his duties during the said period?

 It shall be calculated based on the last salary received by the worker.

Question 4: I have worked with my employer for a period of one year under a labour contract of unlimited period, yet I have submitted my resignation letter…and I have worked during the notice period of one month, but it was stipulated in my labour contract that if I submitted my resignation, I should work for 3 mont as a notice period….Do I need to be bound to such condition?

Yes, the labor should be bound to the one month notice period, (3 months), if his contract so requires