What is Notice Period?
When you decide to terminate your employment, you are required to let the employer know by giving them advance notice of your intention to leave. This is called the notice period.
How Long is a Notice Period?
The notice period will be given in your employment contract. The average notice period usually ranges from 1 to 3 months. Your employer has to pay you your usual salary during this notice period.
Waiving or Extension of Notice Period
Depending upon the circumstances, the employer may expressly waive the notice period or request you to extend the notice period. You can deny the request for extension of the notice period if you wish to do so as long as it does not go against your contract.
Leaving Without Notice Period
Leaving without giving notice or any communication may have adverse consequences, such as being sued for breach of contract or the employer may initiate arbitration proceedings against you.
If your employer fires you from the job, it may either be according to the notice period or any other terms given in your contract. Your employer may terminate your job if:
- Your performance is not good.
- You were involved in any criminal activities such as insider trading.
- You have breached any HR policies or you have violated any code of conduct etc.
- You have committed an act of sexual harassment at your workplace which has been proved.
Violation of Terms of your Contract
If you violate any terms of your contracts such as non-compete, non-disclosure, non- solicitation clauses, etc. then you may be fired by your employer.
Fired Without Any Specific Reason
Even if you have not violated any terms of your contract or if you are not involved in any disputes, the decision to either fire you or let you continue in the job lies with your employer. This is usually referred to as ‘termination without cause’.
For Violation of Contract
If there has been an instance of violation of your work contract, your only remedy is to go to court or arbitration. If your office has a trade union, you can approach them.
For Grievance Against Employer
If there is a grievance between you and your employer, usually the method of dispute resolution will be given in your contract. It might also be mentioned in the HR policy of your organization.
Remedies for the Employer if You Violate the Contract
If you breach the contract, the employer can also exercise their rights and go to court or arbitration. Your employment contract, as well as the HR policy of your organisation may mention the remedies available to the employer. Typically, they do not have provisions for the employee to proceed against the employer.