Notice Period Details Required - Plz Help

Can anyone share the details for the notice period for an IT company? The complete policy, like can an employer waive the notice period if the employee's performance is not up to satisfaction.

Dear Bharathi,

Normally, the notice period will be fixed by the company in their offer of employment or in the HR policy of the company.

During the probation period, either party does not need to give any notice; they can separate by a simple letter to the other party.

After probation, up to 2 years of service, it may be 1 month for either party. After 2 years, you can fix the desirable notice period with your management, which will be served by either party deciding the separation.

For poor performance of the employee, the company can issue a show cause notice initially with 3 days to give an explanation. If the employee fails to submit a convincing reply, then a warning letter may be issued, followed by 15 days to show improvement in performance.

The next step can be a letter for poor performance, with a 1-month notice (either by pay or by service) and clearance form. Please issue the experience certificate/service certificate and due payments immediately within 7 days from the date of leaving the service. You can provide a PF Claim form or Transfer form with instructions to apply after 2 months.

I hope the corrections above align with your intended message. Let me know if you need further assistance.

Hello Bharathi Maru,

The general relevant clause in the IT industry has a lesser notice period (typically one month) during the probation period (which is usually 6 months), and after clearing the probation, it's usually enhanced (could vary from 1 to 3 months).

Invariably, most offer/appointment letters have a clause that says: "the company has the discretion to change/modify any policy." The wordings could be different, but the essence remains the same. This is basically to take care of any unforeseen situations at a later point in time.

The situation you mentioned (can an employer waive the notice period if the employee's performance is not up to satisfaction) essentially falls under this category.

Guess you got the point.

Regards,
TS

Thanks, Bhaskar and thanks, TS, for your reply.

TS, still not clear, sorry for that... Will there be any issues for the employer if they waive the notice period for the employee.

Hello Bharathi Maru,

I am not sure I get why it's still not clear. Please explain the ACTUAL scenario/case you have at hand. That will enable everyone who wants to give suggestions to suggest in a focused way.

Also, please confirm if you are from the HR trying to handle an issue OR the aggrieved party OR want the 'complete policy' to formulate your company policy?

Please check out the Offer/Appointment Letter and confirm if there are any clauses that give the meaning that I mentioned earlier. But, in general, a lot depends on "WHY" the waiver is being given, since finally such an act shouldn't end up as a precedence for future misuse. Once the 'why' is ensured [that it's for a very genuine & valid reason, from the OVERALL perspective & not just for the company's interest], it also depends on "HOW" the waiver is being given -- this is where the appropriate clause in the Offer/Appointment Letter comes into picture.

Hope you get the picture. Please mention the points raised and then you can get a more pointed response from everyone, Bhaskar & me included.

Regards, TS

Dear Bharathi,

You cannot waive the notice of a terminated employee, but you can make good for that notice period and send him out on the same day with all the dues and an experience certificate. For those who have resigned from your company, it is possible to waive off their notice period with prior written approval (in a waiver letter duly initiated either by the employee or the HR Department and approved by the Director) from your management. The same should be informed to the concerned employee. However, after waiving off their notice period, it must be communicated to the employee and their section head. The date of the last working day must be mentioned in the waiver intimation letter. Subsequently, the F&F procedures must be initiated, and all their eligibility must be cleared immediately without any delay.

I hope your doubts have been cleared.

Bharathi,

Notice Period is meant for a smooth transition and for finding a suitable alternative. It is up to the organizations to waive off the Notice Period in certain cases, like what you have mentioned. There are no hard and fast rules available in dealing with Notice Period.

Pon

Thank you all.

The actual scenario is - I work as an HR in an IT company. According to our company's rules, we have a 3-month notice period. Recently, my top management has identified one of my employees as underperforming, and unfortunately, we do not have an immediate replacement for this employee.

Now, the question arises whether we should ask the employee to serve the full 3-month notice period or if we can terminate the employee within 30 days. Will there be any repercussions for the management if we opt for the 30-day notice period?

Is there a specific procedure to follow in this situation? Are there any potential issues that could arise for both the employee and the company?

Hello Bharathi,

Waiving of the condition of the notice period is only at the discretion of the management. In case the performance of any of your employees is not up to the mark and you want to terminate the services of an employee, you generally require one month's notice for temporary employees or employees on probation. However, three months' notice is required for regular employees.

If the employer is not satisfied with the services of an employee, he can terminate the services of any employee without assigning any reason on administrative grounds, and he/she will be issued a relieving certificate and experience certificate at the close of the day. In the future, you need to include a clause in the appointment letter that states: "Your assignment can be terminated at any time without assigning any reason on administrative grounds. However, if you want to resign, you will have to give a prior notice of three months or remuneration in lieu thereof."

Thank you,
Neelam Ghumman
9815990707

Dear Bharathi,

I hope your issue has been sorted out. Could you please provide some insight into how you tackled the problem and resolved the notice period issue for all our members?

Thank you.