Notice Period Details Required - Plz Help

can any share the details for notice period for IT company.. the complete policy. like can an employer can wave the notice period if the employees performance is not upto the satisfaction.

Dear Bharathi

Normally the Notice period will be fixed by the company in their offer of employment or in HR Policy of the company

During the Probation Period either party need not to give any notice, they can get separated by a simple letter to other party.

After Probation upto 2 years of service it may be 1 month for either party. and above 2 years you can fix the desirable notice period by your management, which will be served by either party deciding the separation. So, for the poor performance of the employee, the company can issue the so cause notice initially with 3 days time to give explanation, and if the employee fails to submit convincing reply then he may be issued with a warning letter and further 15 days for proving his improvement in performance. Next letter you can serve due to poor performance, with the 1 month notice (either by pay or by service) and clearance form. If possible please issue them the experience certificate/service certificate & due payments immediately within 7 days from the date of actual leaving the service. You can hand a PF Claim form or Transfer form with an instruction to apply after 2 months time.

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 of 6 months], and after Clearing the probation, it's usually enhanced [could vary from 1 to 3 months].
And 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 of time.
The situation you mentioned [can an employer waive the notice period if the employees performance is not upto the satisfaction] essentially falls under this category.
Guess you got the point.
Rgds,
TS

thanks bhaskar and thanks TS .... for your reply..................
TS still not clear sorry for that... will be there 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.
Pl explain the ACTUAL scenario/case you have @ hand. That will enable everyone who wants to give suggestions to suggest in a focused way.
Also, pl 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?
Also, pl checkout the Offer/Appointment Letter & confirm if there are any clause(s) 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. Pl mention the points raised & then you can get a more pointed response form everyone, Bhaskar & me included.
Rgds,
TS

Dear Bharathi
You cannot waive the notice of Terminated employee, but you can make good for that notice period and send him out on the same day with all the dues and experience certificate. But for those who have resigned from your company, it is possible to waive off his notice period with prior written approval (in waiver letter duly initiated either by the employee or from HR Department and approved by the Director) from your management and the same can be informed to the concerned employee. But after waiving off his notice period, it must be informed to the concerned employee and his section head. Date of last working day must be mentioned in the waiver intimation letter and accordingly the F&F Procedures must be started and his all eligibility must be cleared off immediately without any delay.
Hope your doubts got cleared.

Bharathi,
N.Period is meant for smooth transition and for finding suitable alternative. It is upto the organisations to waive off the N.Period in certain cases like what you have mentioned. There are no hard and fast rules available in dealing with N.Period.
Pon

Thank you all..
TS: The actual scenario is -
I working as an HR in an IT company, by our company's rule we have 3 months notice period, my top management has found one of my employee is under performance, and we dont have any other replacement for the same employee.
Now the doubt is either we can ask the employee to serve the notice period for the whole 3months or can we send the employee within 30days of time.
If in case if we are sending the employee in 30days of time, will the management be in the trouble.
Is there any procedure for this?? will be there any issues for employee and the employee

Hello Bharathi
Waiving of condition of notice period is only at the discreation of the management. In case the performance of any of your employee is not upto the mark and you want to terminate the services of an employee you generally required one month notice for temporary employees or employees on probation. However, 3 months notice is required for regular employees.
In case 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 relieving certificate and experience certificate at the close hour of the day. In future, you need to put a clause in the appointment letter that "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 month’s or remuneration in lieu thereof.
Thanks
Neelam Ghumman
9815990707

Dear Bharathi
Hope your issue has been sorted out. You can give a note on how you have tackled the issue and sorted out the notice period problem to all our members.