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rgn3giri
Hi All,

I am working in sw company in india.I got a new offer letter last week from another company and they had mentioned in Terms and conditions like

"You will be on probation for a period of four months from the date of joining which may be extended, if considered necessary by the company, at its discretion or based upon your overall performance during the probation period.

During the probationary period, your service can be terminated with one month notice or salary in lieu of such notice, on either side.

Upon successful completion of your probation, you will be advised in writing of your confirmation as a regular employee of the company.

On confirmation, your services can be terminated upon three months’ notice or three months’ salary in lieu of such notice, strictly based on XXXX Pvt. Ltd. management’s decision."

Here what is meant of 3 months of salary in lieu of such notice. Couldnt understand this .------> it means do we need to pay the whole CTC amount for 3 months or the basic pay of the remaining days.

Kindly give an update on this.

From India, Bangalore
Madhu.T.K
4193

Since iit is strictly based on XXXX (company) decision, we cannot advise you properly. Normally, either gross salary which includes salary and allowances or Basic +Dearness Allowance (if any) will be considered as Salary for this purpose. For better understanding you should contact the HR/ personnel department of the company and get it clarified.
Madhu.T.K

From India, Kannur
saswatabanerjee
2383

I assume your problem is only with the last item, which is three months notice or amount in lieu of the same. Primer facing, it means that in case they terminate you they will pay you three months notice ( full salary) if they do not want you to serve the notice period. Nobody is going to pay you CTC. CTC is a concept that is of the total cost and not the amount you get.
In case you wish to leave, I am not sure whether they will accept amount in the liu of notice period because there is nothing stated to that effect in the terms you have quoted. Following the logic, the term should be same for both the sides. But in reality companies often choose which interpretation is convenient for them.

From India, Mumbai
rgn3giri
Hi madhu,
Thanks for ur update.
Had a discussion with hr.he simply told me that we need to pay ctc rather than basic pay.
As u said, gross salary we have to pay.
One question:-
Why company is still holding 3months notice period policy for experienced professionals?

From India, Bangalore
Madhu.T.K
4193

Just because when an experienced person leaves, the company would require at least 3 months to find an equally experienced replacement. Madhu.T.K
From India, Kannur
c.neyimkhan56@gmail.com
38

Hi Giri
Here one point reg. Notice period is; some employees to get the job; will try all he can & make all promises; but after serving sometime when he get a better offer, immediately try to jump; which causes problems to him as also to the Co., since the Co. cannot get a replacement that soon to take charge.
It is in the interest of the employees to check all terms & conditions of apptt., and try to follow them before accepting new offer & avoid spoiling relationship.
Reg. 3 months notice period, it can be either Basic + DA or Gross salary & cannot be CTC as already pointed by Saswata Banerjee Sir. Some Cos. have fixed Policies on this; whereas some Cos. do not do not frame Rules to create HR problem later .
Good luck to you for an early solution.
,

From India, Bangalore
yagniah karlapudi
4

Always discretion is left with Employer.
Terms & conditions are not rigidly taken up.
According to me, no notice is required when employee / employer does not want organisation / employee, vice versa, which results harassment / marring the reputation of the organisation.
please think over it.

From India, Visakhapatnam
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