Dear All, Recently, I joined a manufacturing company, and now I have to draft a good Notice Period policy for the office employees and workers. Can anyone suggest something for this? It's really urgent. Please help me out.
Regards, Natasha Bhatia
From United States, Charlotte
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Regards, Natasha Bhatia
From United States, Charlotte
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The duration of the notice period stipulated by an employer may vary for each category, but it should not differ for each employee. The period of notice depends on the criticality of the skill in question, the difficulties in finding a replacement, and the criticality of catering to customer needs.
For workmen and office clerical staff, the notice is usually for one month on either side, with a right to exempt or buy out the entire or a part of the notice period if saved for the employer. For higher levels of employment, the notice period could be as long as six months (which is quite rare these days), but the norm seems to vary between two and three months!
Phraseology of the Notice Period Clause
As for the phraseology of such a clause, kindly consider the following:
"This contract of employment can be terminated by either party by giving the other party a written notice of _____ days or _____ calendar months of its intention to terminate the contract of employment or equivalent gross monthly wage/salary for the period in question in lieu of the notice period. The management reserves the right to reduce or waive entirely the notice period or the applicable compensation in lieu of the notice period for good and sufficient reasons at its sole discretion. The employee unequivocally agrees that if there is any inadequate compliance with this term/condition of employment by the employee, the amount in question will rightfully be adjusted by the employer against such dues, and that no full and final settlement of employment, resignation acceptance letter, and/or service certificate could be denied. If an employee leaves employment despite having agreed to this clause, he will be treated as a deserter."
The above clause has no legal binding beyond a point, as all PF and Gratuity cannot be forfeited by the employer anyway. Further, in private sector employment, if an employee has tendered resignation but not complied with the above-said obligations, then even under such conditions, the employer will not be able to hold him back, and the moneys due to the employee cannot be entirely denied. Please make a careful note of the above and bring it to the notice of your employers explicitly!
If you need to ask more questions, you are welcome!
Regards,
Samvedan
August 31, 2011
From India, Pune
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321For workmen and office clerical staff, the notice is usually for one month on either side, with a right to exempt or buy out the entire or a part of the notice period if saved for the employer. For higher levels of employment, the notice period could be as long as six months (which is quite rare these days), but the norm seems to vary between two and three months!
Phraseology of the Notice Period Clause
As for the phraseology of such a clause, kindly consider the following:
"This contract of employment can be terminated by either party by giving the other party a written notice of _____ days or _____ calendar months of its intention to terminate the contract of employment or equivalent gross monthly wage/salary for the period in question in lieu of the notice period. The management reserves the right to reduce or waive entirely the notice period or the applicable compensation in lieu of the notice period for good and sufficient reasons at its sole discretion. The employee unequivocally agrees that if there is any inadequate compliance with this term/condition of employment by the employee, the amount in question will rightfully be adjusted by the employer against such dues, and that no full and final settlement of employment, resignation acceptance letter, and/or service certificate could be denied. If an employee leaves employment despite having agreed to this clause, he will be treated as a deserter."
The above clause has no legal binding beyond a point, as all PF and Gratuity cannot be forfeited by the employer anyway. Further, in private sector employment, if an employee has tendered resignation but not complied with the above-said obligations, then even under such conditions, the employer will not be able to hold him back, and the moneys due to the employee cannot be entirely denied. Please make a careful note of the above and bring it to the notice of your employers explicitly!
If you need to ask more questions, you are welcome!
Regards,
Samvedan
August 31, 2011
From India, Pune
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Company Letter for Completion 01 Month Notice.docx