Understanding Notice Period Clause

Hi All,

I have two clause in my appointment letter regarding the notice period. Both the clause's are given below. I guess the maximum notice period is 3 months but some of my colleague say it is only two months. I am really in a confusion. Can any body help me to understand this.

8.1. During the period of probation, your services shall be terminable by giving one month’s notice or one month's basic pay in lieu thereof on either side at the sole discretion of XXX management. On confirmation of your services in the Company, your services shall be terminable by giving three months notice or three months basic pay in lieu thereof on either side at the sole discretion of XXX management.

8.2. In the event that you want to terminate your employment with the Company, while on a project at customer’s site in India or abroad you be will required to give a minimum of 60 days notice, to enable smooth transition and transfer of technology. The actual date of release will be mutually decided with the consent of the concerned client and your superior and the said date of release shall not be unreasonably withheld provided you are able to handover charge satisfactorily within the 60 day period. This minimum notice of 60 days cannot be adjusted with payment in lieu of notice period as mentioned in clause 8.1 above or adjusted against the Privilege Leave.

-steve

Steve,
Different companies have different clauses related to Notice period, it can be of any tenure between 1month – 3 months. Similarly even during the probation period it differs from company to company ranging anything between 1 week to 1 month.
But based on the need of the employee & acceptance of the management lot many times companies waive off notice period. On the same note there can be another combination where if someone has a 3 months’ notice period than based on the requirement the employee can put in 1 month as man-days & balance tenure can be paid through money. Similarly it can also be worked as may be putting 1.5 month as man-days & balance 1.5 month can be paid through money.
However if the company is adamant & want the employee to complete the full notice period through man-days only than the employee has to work for 3 months.
Let me know if you need any other clarification.

Hi Prashanth,
Thanks for your comments, Can you please tell me what is the maximum man days I have to complete to get releived of the company based on the above close.
-Steve

Dear
After going through both the clause this is cleared that your actual days of notice period is 03 Month but according to clause 8.1 & 8.2 combine that it can be minimised to 02 month only through the pending leaves and pay in lieu but the 02 months period is mandatory to give and not entertained against the leave or pay that you have to give 02 month notice.
This is a good clause specialy for the IT Personnel whom have to work on some special project independently and it takes other personnel to understand couple of months
Regards
P.S.Gill

Cool, the clause is pretty clear, till you are on probation(i.e if you are not confirmed than the notice period is one month, if you are confirmed than it is three month.
Further if you are on project, on deputation @ customer site or abroad, you need to serve 60days,as notice, which won;t be adjusted against your PL...
Thanks

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- What is HR scorecard?
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- Tell us how many selection methods are used in recruitment and selection process?
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Regards
Sudha

Sudha,
I am not sure if you would have searched citehr or google for the above topics
because i know that there are posts in this forum which i guess covers almost all the topics that you have asked, if not all then at least 90%.
Do a search on Google & in this forum & you will get the answers.Once you do that & even after that if you are left unanswered with any of your questions than let me know & I will try to answer your questions.

Dear
Pramod Singh"s reply is apt.It is a self operating clause.
With Regards

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Dear Steve,
Its clear in your offer letter that, if you are in probation(without service agreement),your NP is 1 month whether in case of you or your employer.When you will be turned on to permanent employee then your NP is 3 months.You can adjust with the remained leaves but the Min need to be 2 months(mandatory as per your company norms).

What is my understanding is :
1. Probation period - 1 Month Notice Period
2. If co. is Terminating the Confirmed Employee then in that case 3 months notice period is applicable.
3. if u leave the company then serve 60 days minium .
Regards
Johnson