Different Notice Period For Employee And From Employees

divyaverma.123
HI, I just wanted to know that legally can we have different notice period in case of resignation and termination. In case if any employee resigns he needs to serve 2months and if he has been terminated employer can give him one month notice.
teamgrouphr
Dear Divya,
Greetings!!!
Termination is a disciplinary action whereas resignation is a voluntary action.
In my opinion, it is not at all necessary to give notice period for termination because you can/will terminate an employee only when she/he is found guilty of some misdoing. Having said that, if you are giving a notice period in termination, it is not that bad either because you are actually providing an opportunity to the terminated person to improve herself/himself and at the same time giving them some elbow room to manage their life and career.
The number of days of notice period in case of resignation is purely a contractual obligation between employer and employee.
sushilkluthra@gmail.com
Since your establishment falls in State of UP, while finalising the contract keep in view the provisions of sections 19 and 20 of the UP Shops and establishment Act, 1962 because these have to be complied with at the relevant time.
Thanks
Sushil
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