Notice Period for Senior Roles: How Long During and After Probation?

Hi Seniors, what should be the notice period during probation and after probation for a very senior position, for someone who's heading a division? Please guide.

Probation Period for Senior Positions

The good practice is that there should not be any probation period for senior positions, such as AGM and above, as they typically have upwards of 15 years of experience. However, if you have a policy of placing seniors on probation, during the probation period, the notice period could be 15 days, and upon confirmation, it is usually 3 months.

The purpose of a notice period is to give the organization suitable time to find a replacement and to facilitate the necessary knowledge transfer. It is for you to assess how difficult it is to find a replacement for the senior position (by internal promotion or from the open market) and how strategically important the position is for the organization.

My suggestion is to have a notice period of 3 months for such positions (irrespective of probation or confirmed position).

Regards,
Sree

Notice Period for Senior Positions

Since senior positions involve a wide range of functions and responsibilities, employees in such roles cannot leave their job at short notice. Sufficient time is needed for management to find a substitute and ensure a smooth transfer of work to the new incumbent. This transition period may vary between two to three months.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Notice Period for Senior Positions

For senior positions, a one-month notice period is reasonable during the probation period. After probation, it should be three months. Please note that the notice period is applicable at both ends. If management wants to terminate an employee during probation without notice, then the employee shall be paid notice pay. This clause should be well-defined in the appointment letter. Anyway, the contribution is not very valuable if there is a separation in the short tenure.

Regards,
HRM Consultants, Pune

To the best of my knowledge, during probation, a 24-hour notice or a maximum of 7 days' notice will be sufficient. However, with regard to the confirmation of employees, everyone needs to give a 3-month notice period to find a suitable replacement for the position. When giving this three months' notice, one must carefully read the other terms and conditions laid out by the management in the appointment letter. These 90 days constitute purely working days, and during this notice period, if anyone takes any leave, it shall be counted against them. This means the employee has to work all ninety working days, a point that should be noted.

Regards.

There is no hard and fast rule for the notice period; it depends on what is agreed upon between the employer and the employee under the contract of employment. As you have stated that it's a senior position, in such cases, there is normally no probation at all, since individuals at such a level are hired after thorough research and based on their track record. However, if the company wishes to implement a probation period, it is advisable to limit it to 6 months. Importantly, there should also be a reciprocal clause for immediate severance just in case. Employees at a senior level either tend to stay for a long time or, if it's not the right fit, they may leave within weeks. Once such an employee passes the 3-5 month mark, it can be predicted that they will stay for the long term.

Notice Period Recommendations for Senior Positions

Upon becoming a permanent employee, I suggest implementing a 3-6-9 pattern for the notice period. This means the employee can choose to give either a 3, 6, or 9 months' notice depending on their needs. Correspondingly, the company can compensate for their absence by deducting a notice pay of 3 months if the employee gives a 3 months' notice, and not deducting any notice pay if the notice is for 6 months. A notice period of 9 months is very unlikely unless it is mutually agreed upon between the employee and employer, particularly in cases where a suitable replacement is not readily available. Similarly, the employee also has the right to refuse if they have other opportunities and cannot wait for more than 3 or 6 months. Handling senior positions can be tricky at times, so it is essential to coordinate effectively with the reporting boss and the employee when drafting the clauses in the contract.

Notice Period Considerations

The notice period is part of a contract between the organization and the employee. From the organization's point of view, two factors need to be kept in mind:

• One is the time needed for replacement in case a change is required.
• Secondly, the "free" salary required to be given to the employee if they are fired.

From the employee's point of view, it is the time needed in case of a shift from their side. Nothing else is material.