Notice Period & Exit Calculator
Calculate your notice period, buyout cost, and gratuity eligibility as you plan your career move.
Employee Rights Assistant
Ask legal questions about Indian labor laws and workplace disputes.
Employment Rights FAQs
What is the standard notice period in India?
Typically 1-3 months as per your employment contract. Probation period employees usually have 1 month notice. Senior roles often have 3 months. Always check your appointment letter for the exact clause.
Can I buy out my notice period?
Yes, if your company policy allows it. The buyout amount is calculated as remaining notice days × daily CTC. The amount is taxable as salary income.
Is a non-compete clause enforceable in India?
No. Post-employment non-compete clauses are largely unenforceable under Section 27 of the Indian Contract Act. You can join a competitor after leaving your current employer.
Am I entitled to gratuity during notice period?
Yes. If you have completed 5+ years of continuous service, you are entitled to gratuity. The notice period you serve counts towards your total service length.
Can my employer deduct my salary without notice?
No. Under the Payment of Wages Act, employers can only deduct salary for lawful reasons (e.g., absence, fines as per standing orders). Arbitrary deductions are illegal and can be challenged at the Labour Commissioner's office.
What is the law on maternity leave in India?
Under the Maternity Benefit (Amendment) Act, 2017, women are entitled to 26 weeks of paid maternity leave for their first two children. For the third child onward, the entitlement is 12 weeks.
Can I be fired without any reason in India?
In the private sector, employers must typically follow a PIP process or terminate for stated reasons with notice. Establishments with 100+ workers require government approval for layoffs. Wrongful termination can be challenged in a Labour Court.
What should I do if my employer withholds my Full and Final Settlement?
Your Full & Final Settlement (FnF), including pending salary, leave encashment, and gratuity, must be paid within 30–45 days of resignation. If withheld, you can send a legal notice and file a complaint with the Labour Commissioner.
Is my employer required to give me a relieving letter?
While not explicitly mandated by a central law, withholding a relieving letter is considered bad practice and can be challenged. Most reputable companies issue it within 30 days of your last working day.
What is the POSH Act and does it apply to my workplace?
The POSH Act applies to all workplaces in India with 10 or more employees. Every employer must have an Internal Complaints Committee (ICC). Victims can file a complaint confidentially with the ICC within 3 months of the incident.