There is no point in having a 90-day notice period clause since, as per my experience, it is very difficult to implement. In any case, an employee who has put in his papers and made up his mind on quitting the current employer becomes mentally and emotionally disengaged. Hence, even in a handful of cases where such employees do serve the full length of the 90-day notice period, they typically do so with a disengaged frame of mind which can be risky, and their productivity during this phase is questionable. Further, efforts to force exiting employees to serve the full 90-day notice period only generate ill will, which can be destructive to the morale of your talent force.
In one of the organizations that I worked for, we had a 90-day notice period clause. I took upon myself the self-initiative of analyzing the historical data since the 90-day notice period clause had been introduced (prior to this, the company had a 30-day notice period clause). I found through my analysis that typically, employees who had joined on a 30-day notice period contract had twice the tenure of those who had joined on a 90-day notice period (after adjusting for the fact that typically those on a 30-day notice period currently would have joined earlier than those on a 90-day notice period clause). I also found that most of the attrition for those to which the 90-day notice period clause was applicable were moving away prior to the completion of their probation period since prior to confirmation in employment, the 30-day notice period clause was applicable. Based on this analysis, I recommended a change back to a 30-day notice period on either side, and the strength of this analysis had the management accept the practice of bringing back the 30-day notice period back into force.
The point I am trying to make here is that such things as 90-day notice period clauses destroy the psychological contract that the employee and employer share with each other and come across as being arbitrary and favoring the employer. They end up doing more harm than good.
Thanks,
Snoopypryer.