asaavinash
2

Yes Seema,
I think you are correct. Criteria for defining notice period should be - whether particular skill is core & critical to business.
Each business/ organisation has it's own model of skills requirement. In general companies define it level. However as an employer you reserve your right to define notice period of each employee depending on importance of function.It is always better to define in offer / appointment letter.
However in case you give special training to a employee / promote to shoulder higher responsibilities you can change his notice period which should be a written contract.
Avinash Desai

From India, Mumbai
govardhan
18

However, it is not a fair practice to have unique notice period for each employee and different notice periods for different employees in the same level across departments.
Also, notice period beyond 6 months is not common in India. And, 6 months notice is in the case of very senior positions and is also rare.
So, you cannot normally stipulate a notice period of 1 year or 2 / 3 years.
Can someone tell me any case where you had stipulated 1 year (or more) of notice period in the employement contracts?
Govardhan

From India, Madras
Basant Kumar
Hi seema
Notice period require in resignation depends upon the companies to companies and its own policies. Private sector has own policy (Notice period 1to 3 months) whereas PSU also has own policy i.e 3 months notice period. the employer needs notice period to the following pupose
1. TOT and completion of task within notice period
2. dues to be cleared
3. arrangment of alternative.
the employer mus t check the follwoing in resignation case
1. Resignation should be clean and uncoditional
2. if the staff involves moral turpitude and public claims or suspension , resignation is not accepted.
basant


Seema Gopal
Hi Avinash and Govardhan,
Thanks for the contribution. According to me in IT sector the skill required by IT professional is very critical for which we set long notice period but on the other hand this becomes applicable to HR, Marketing as well as admin staff. WHich according to me is not fare as for HR and Marketing people if we have to serve a notice period of three months it very difficult to look for another job. As other employer will not wait for so long. And on the other hand we can resign first then start looking for job so that we can serve the notice period and get a new job. But it is very risky as we might land up in some job which we really don't want to do..
Kindly contribute your views.
Regards,
Seema

From India, New Delhi
asaavinash
2

Yes Seema,

you are correct , but we have to convince our Bosses . HR and Marketing are core but not critical to find. (HR is becoming critical these days.)

1.Convincing our boss that all positions in our organisation can't be core & critical. If we think of ABC analysis - it should not exceed 20% of total positions. For all core+Critical positions successions planning is very important. keeping alternates available is must. If all positions in our organisation are core+critical it means that business 100% in risk!!

2.Developing employees to aquir key skills will be important. Defining quarterly Training/ skill up-gradation incentive for employees & giving mentoring allowance to team leaders will help in the process of continious skills development .

For HR - best thing is give our replacement before leaving. I think we can very well do it through our network. I have done it in my previous organisation - given my replacement & there was a 7 days overlap in my reliving & new persons joining. (Make a cartel !!!- replacement of our successor should be our friend only!!! inform us ur plans of move & we will help you!!)

In short - realastice competence model, proper successions plan & continuous development are keys.

What do you think? pl comment.

Thanx

Avinash Desai

From India, Mumbai
danniejohn
hi, In case if some wants to payup for the short fall in notice period. How would you calculate that amount???? is there a hard and fast rule???
From India, Bangalore
raghava_putta
HI,
I am working for a IT Firm.. I am an entry level engineer. I have 3 months of notice period. But, when I resigned, HR is not ready to relieve me before Notice Period even if I pay them for the short period.
Is there any source I can fight with them...
Regards
Raghavendra


sunnysv
Can anyone kindly advice whether the RE-PAYMENT of the notice period is on the GROSS SALARY or on BASIC salary ?
Is there a law where in terms are mentioned clealry.
I need to know this very soon........ Can anyone advice me ..
regards

From India, Pune
swastik73
45

Dear Sunny,
It is usually kept at BASIC Pay. If you are looking for statutory angle, you can check up Industrial Dispute Act, but do remember that for Management Cadre it should be as per contract of employment which has legal validity.
Regards,
SC

From India, Thane
deepainbangalore
Hi Everybody,
Have a doubt on Swastik's example: If the notice period is 3 months and a person wants to leave after 2 months(means person is not going to work for 1 month in the above mentioned 3 months NP) then that person needs to pay back the Company the amount equaling to his 2 months salary.
Is it a person has to pay double of not working days or a one month salary extra eg: for 3 months NP if a person wants to leave job after 1 month and buyout the notice period for two months does he/she has to pay 3months Salary or 4 months salary...? can anybody help on this.

Regards
Deepa


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