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NOTICE PERIOD - LABOUR LAW

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  • NOTICE PERIOD - LABOUR LAW

    Hi; I have a friend that that worked at this place for 5 months. She gave one weeks notice and requested her two final days mon; tues or tues and wed. Her notice would end 30 January 2013. Now the owner told my friend that saturday passed was her last day. Does he have a right to terminate in her notice period it being a part time job????? Please advise so I can refer her to doing the right thing . Oh yes can or is he liable to payout those two days seeing that he is terminating the notice period without a valid given reason.

  • #2
    Re: NOTICE PERIOD - LABOUR LAW

    A contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than one week, if the employee has been employed for six months or less. Every employee has the right not to be unfairly dismissed. The Labor Relations Act recognizes three grounds on which a termination might be legitimate. These are the conduct of the employee, the capacity of the employee, and the operational requirements of the employer's business.

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    • #3
      Re: NOTICE PERIOD - LABOUR LAW

      I wish to inform you that employer can terminate an employee in a manner allowed under employment agreement between parties which provide for minimum notice period or employment law provides notice period. In this regard under Basic Conditions of Employment Act of 1997 under Section 37 notice period is one week if working is less then 6 months and two weeks if work period is more then six months but less then 1 year and 4 weeks if working period is more then 1 year. As your friend worked for 5 months thus 1 week notice is applicable and employer cannot thus terminate employment.

      AFF

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      • #4
        Re: NOTICE PERIOD - LABOUR LAW

        but should he pay her out for the two days upto her notice period?

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