Queries
Hi,
We are a software development house and have as is usual, have staffs at different levels, like Developers, Team Leads, Managers, Senior Managers etc. I need a few clarifiations
1. I have read that IT company's are exempt from following labour laws of India. If no, are the labour laws fully applicable or only partially applicable.
2. We have a 1 month notice period for some staff, 2 month for some and 3 month for managers and above. Is there any law in India which stipulates what the notice period should be. If so, which is the law.
3. Can we have different notice period for different positions.
Thanks & Regards
Siva
6th January 2010 From India , Madras

Dear Siva
To an ITES i.e "Information technology enabled services" , companies are exempted from the certain provisions of Labour laws like Bombay shop and establishment act. For eg. provisions relating to working hours, change of time, shift working etc. But there is no total exemption of applicability of a particular law.
As regard notice period, I am of the view that the notice is not governed by any labour law, but it is governed by the contract of employment between the company and employee or the sevices conditions as applicable to the particular category of the emplyee. One can have different notice period for different category of the employee.
I hope your query is clarified.
Regards
UMESH KAPOOR
8th January 2010 From India , Mumbai

Hi,
As explained by Mr Kapoor, the notice period is a matter covered by contract of employment. Normally, for higher positions, a longer notice period is provided, to take care of the vacuum that may result, by making alternate arrangement.
Cyril
10th January 2010 From India , Nagpur

Dear Mr. Siva
Labour laws are applicable to those employees coming under the category of "Workmen" as stipulated in various labour laws. These are devised to safegaurd the interest of employees and the exploitiation of them.
As far as the notice period of any other staff, Managers and others are considered, the terms and conditions mentioned in Appointment letter hold good for any dispute. These employees can not appeal in the labour court, but they can file a case in civil court and the court may ask the both parties to abide the terms and conditions mutully agreed upon.
The notice period may vary for different positions.
Kenny
23rd February 2010 From France , Issy-les-moulineaux

Labour laws include various Acts like Standing Orders, ESI Act, Maternity Act etc. so no industry is fully exempted by the Labour laws
23rd March 2010 From India , Hyderabad

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