1 Answer
Dear Client,
In India, a work contract must not be extremely unfair to one party. Therefore, even if the offer letter does not mention any period of notice for the employer, the employer in India cannot terminate a contract without giving notice. Dismissals in the absence of notice are reserved only for proven cases of serious misconduct or fraudulent behaviour, which should be established by a formal internal investigation in accordance with the rules of natural justice.
In cases of termination according to the law, local legislations such as the Karnataka Shops and Commercial Establishments Act require that one month’s notice or salary for one month in lieu of notice is mandatory. Also, Section 23 of the Indian Contract Act, 1872 gives a chance to dispute such terms which are quite beneficial to the employer, as it restrains the employee with a notice of two months and gives powers to the employer for immediate termination in a court. In case the terms of employment do not define the notice period, the standard made by the courts is “reasonable notice”, which literally means the employer has to follow the statutory notice period of 30 days or provide the same notice as required to be provided by the employee. If you have been wrongfully dismissed, you can claim that you deserve to be paid for the garnishment of one month’s salary instead of notice.
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