“Notice Period”

What is the Notice Period?

Notice Period is a period of time between resignation or dismissal from a job and termination of employment. This period allows employers and employees to adjust to the employee’s departure in a responsible and respectful manner.

It prevents employers from having to pay salary to employees who no longer work at the company, and give employees time to prepare financially for their upcoming change in employment. Notice periods generally last between one and three months.

Purpose and Importance of Notice Period

The most important purpose of a notice period is to allow the employer time to adjust to the departing employee’s departure. This might include finding a suitable replacement, adjusting the remaining team to the changing environment, or finding a solution to any unfinished projects.

On the other hand, notice period gives the employee time to also adjust to the change, such as tying up any loose ends, finding another job, and notifying other stakeholders (such as creditors or landlords) before the official termination date.

It protect the rights of both employers and employees, ensuring a responsible end to the employment relationship. Employers don’t have to pay salary to employees who no longer work at the company; while employees have the chance to financially prepare for their upcoming career move.

Types of Notice Period in Employment

Notice periods come in a variety of formats, each depending on the situation, role, or terms of employment. Any employment contract that stipulates the number of days that an employer or employee must give before ending the employment contract is known as the notice period.

1. Statutory Notice Period

The amount of time an employer is required to provide an employee prior to ending their employment contract is known as the statutory notice period. The length of the employee’s employment with the company frequently determines when the statutory notice period begins. For example:

• 1 week for employees who have served less than 2 years.
• 2 weeks for employees who have served 2 to 3 years.
• 1 month notice for those with 3 years of service and above.

2. Contractual Notice Period

An employment contract specifies the notice period that either the employer or the employee must give. This cannot be shortened and is typically longer than the required notice time. Unless otherwise agreed, the conditions of the contract must be followed by both the employer and the employee.

3. Probationary Notice Period

During the probationary period, the notice period is usually short and may range from 1 day to 3 months depending on the hierarchy of the organization and the job function. Sometimes:

• Employees are asked to leave the organization immediately but are paid for the whole notice period.
• Employees serve their notice period without reporting to work, especially if the intent is to join the competitor.

4. Summary Dismissal Without Notice (Gross Misconduct)

If the dismissal of a certain employee is on account of gross misconduct or serious behavioral issues, the employer is exempted from giving notice. The settlements made under such terminations are deemed as breaches of employment, and the employee would not receive notice payment.

5. PILON – Pay in Lieu of Notice

In other cases, employers may pay in lieu of notice, where the employee is paid for the period of notice but need not attend work. This can be applied when an employee is dismissed, or when the employer may not want the employee to attend during the notice period. There are also other benefits such as holiday entitlement that may be included in PILON.

6. Fixed-Term Contract

Employees on a fixed-term contract have an end date clearly stated in their agreement. There is usually no notice period required unless the employer wants to terminate the contract before the agreed date. In such cases, the employer must give the relevant statutory notice period.

7. Redundancy Notice

If it is the job itself that is no longer required, a redundancy notice must be provided. Notice periods for redundancy are varied and depend on service, which is the amount of time worked:

• 1 week notice if under 2 years service
• 12 weeks notice if 12 years or more service

8. Rescinding Notice

A notice can only be removed with both parties’ consent once it has been served, either by the employer or the employee. Both the employer and the employee must agree to the modification if any party wishes to revoke or modify the notice.

9. Resignation Notice Period

Employees are often required to give at least one week’s notice when they quit their position. However, depending on the contract, notice periods might be longer – up to one month, in some cases. Notice periods may also depend on the individual’s seniority at work.

Work to be Completed During the Notice Period

It’s a good idea to have a smooth handover at the end of an employee’s tenure at an organization. The primary things that an employee should concentrate on during the notice period are as follows.

1. Closing Open Items

Finish all outstanding projects, assignments, or tasks. Make sure all items are either done or have been passed over to a colleague or supervisor.

2. Knowledge Share

Take time to transfer knowledge and skills to colleagues who will take over your responsibilities. Document any processes or workflows that will help your team after your departure.

3. Settle Financial Dues

Clear all dues with the company, such as unpaid leave balances, pending reimbursements, or any other financial settlements. Ensure that the final paycheck reflects all dues.

4. Return Company Property

All company property – laptops, keys, ID cards, and so forth – must be returned to the HR department or supervisor.

5. Release Documentation

Complete any and all release documentation, including exit forms, that the HR department requires. This usually entails acknowledging receipt of your last salary and signing non-disclosure and non-compete agreements.

Performing all this during a notice period shows the professional approach by taking care of yourself as much as your employer during such an alarming change in the personnel line.

How to Manage Employees during Notice Period?

• Communicate and document: The employer should make sure that the employee understands the full scope of the resignation process during the notice period. It is important to confirm the details of the employee’s departure, such as any outstanding payments, vacation days, bonuses, etc. Anything discussed with the employee during the Notice Period should be documented to avoid any legal disputes in the future.
• Focus on the employee’s performance: It should be used as an opportunity to ensure that the employee continues to perform to his/her full potential. Managing performance during the notice period helps both employer and employee feel accomplished. This is especially true for the employee, as a good performance record will come in handy when looking for a new job.
• Negotiate terms: This is an opportunity for the employer and employee to negotiate some of the terms in the employment contract. This might include a request from the employee such as ensuring that his/her full salary is paid during the Notice Period, or a request from the employer such as relinquishing the employee’s vesting stock options.

FAQs

What is a notice period in employment?

A notice period is a period of time between resignation or dismissal from a job and termination of employment. It is typically stated in the employment contract and can vary from one to three months. It is important for employers and employees to adjust and prepare for the upcoming change in employment.

Can employers request employees to serve a notice period even if they resign?

Yes, employers can request employees to serve the full notice period even after they resign. It is important to refer to the employment contract to understand which notice period applies in this situation.

Can employers terminate employees during their notice period?

Yes, employers can terminate employees during their notice period. However, the employer has to make sure that they pay the employee for the full duration of the notice period, even if the employee does not work during that period. The employer must also ensure that the termination is done in a respectful manner.