Ideal Notice Period ???

"Either you have to pay for 10 Weeks or serve Notice period..... But Sir, I have no work as such for next 10 week. Whatever I have, can be transferred to anyone in 2 Weeks. So, why 10 weeks? What will I do in 10 week?  .... I can't do anything. It's company policy.. and you don't worry, I have a lot of other work for you."

"You have to finish this task before leaving. .... This task !. Are you crazy? You know that this is 30 Weeks work. We already had discussion that even in 30 Weeks, it will be too difficult for us to finish this project. But due to customer pressure we agreed on this. How can I finish it in 12 Weeks?.... Since you are leaving us and in your absence, no one will be there to work. So you have to finish it off. Else pay money"

"Jagan, My Next employer is not going to wait for so long. They have critical requirement and they asked me to join asap. We already had discussion on this that you have no problem if I can handover my work to someone before time. I have already trained Puneet on all the item on which I was working, you can check with him. Now, why you want me to stay here for another 6 weeks ? What will I do? ... Ya I know that we had such discussion.. but I don't think Puneet is well trained by you. Right now he will say, yes but later he will not be able to do it. 1 more release is coming, let him first do it. If he successfully finish it, I will relieve you.... But Jagan, you should tell me this first. If that's the case, I have not worked day and Night with Puneet.  I have already committed to my next employer that I will join soon.... See Pradeep, I can't help you. It's company policy. If you are in such hurry .. please pay and leave." 

Above were just a snapshot of the 3 different conversations  between employee (who put his resignation) and manager in 3 different companies which has a notice period of 10 weeks, 12 weeks and 8 weeks.

There are real incidence. I have just changed the Name and numbers. Because my intention here is not to pinpoint a particular company. But I would like to raise this issue.  

There are a lot of such Incidence which I have figured out in past few weeks across different companies and then this question came in my mind "What should be Idea Notice Period Time?"

I am not here to decide what's good and what's best because I am not expert in this field but still can anyone who decide such policy can Answer my question? Before I start putting my questions - just see the conversation between me and HR of one company "X" which has 12 Week of Notice period. 

## I have changed the name of the company and Name of the HR person".

## I tried to highlight few statements, which will force to think ?

Me : Hi Shiva.... What's your view on this 12 Week of Notice period?

Shiva: I was not in this company when this policy made. It's very old policy and we are just following it.

Me: :) Very strange. As a HR head of this company, I am not expecting such answer from you. I am asking is it correct to have 12 week of notice period? Just let me know whether it's Yes or No. 

Shiva: Puneet, I told you, I haven't introduced this. See, management always take decision keeping a lot of things in mind. And I think there is no issue with 12 weeks. Why do you have a problem with 12 weeks? Are you planning to leave?

Me: hey .. Don't try to change the direction of conversation. If you think it's correct then why other company has 4 week of notice period ?

Shiva: Different company has different style and different type of work. No 2 companies have same policy like they don't have same management. I don't know, how they are managing with 4 weeks but as per our Company work, 4 week is not sufficient.

Me: Okay. But different team has different pattern of work. So there may be few teams for which even 4 week is sufficient. Am I right ?

Shiva: Yes, you are right, but we can't form the Policy based on team. It's same for all the Team. And I am not able to understand why are you thinking only in one direction? Think .. If Tomorrow, company wants to fire someone or they want that someone should leave company, Company also give 3 month of Notice. In these 3 months anyone can search Job and 3 months are sufficient  to get a job. Why can't you think in this way?

Me: Yes, I can understand. I got your point. But, In case if someone wants to go early ?

Shiva: very simple - Pay the balanced amount. Means if out of 12 week, you are in Company for 2 weeks, Let;s pay for rest of the 10 week salary. very simple mathematic. :) 

Me: wow, but if  he/she don't have any work to do it in his/her team?

Shiva: What a rubbish question? How can this be possible? Dude .. work never be finished. There is always work. And it's not the employee who should be worried, his manager will certainly have work for him. :)

Me: Hmm ... But as I know during the Notice period, you can't assign new work to Employe. Purpose of Notice period is to finish pending work , if you can. Or else just transfer the knowledge  to someone else. As per my understanding this is the purpose of Notice period.

Shiva: Puneet. You are a technical guy and that's the reason you don't know a lot of things. It's not as simple as you are thinking. Let me explain you in a very simple example. You are staying in a Flat. You want to move out. You gave a notice to your landlord that I have a plan to move out, you start searching another tenant. Generally , 1 month is sufficient, so you give 1 month of notice. In case you want to move out early, you have to compensate the Loss by paying the balance amount. Did you get my point ? and see it's same for your Landlord also. Similar approach you can apply here also. It's not related to work. It's related to LOSS.

Puneet: ohhh .. But I have seen that sometime Landlord allow Tenant to go early without paying any money.

Shiva: Ya that's mutual understanding. 

Puneet: that's what my question. What about if I don't have work?

Shiva: See first of all this is not possible. But there are some cases in past when Manager allow employee to go early. as I said it's mutual understanding.

Puneet: Okay. So mutual understanding works here. And in case any one party don't agree then other party has to pay. 

Shiva: Yes.

Puneet: Okay ... Now assume that I have put my paper. And My manager asked me to finish some work in next 12 weeks. I completed that in 4 weeks. And Now my manager is ready to relieve me. But Now I don't want to go before 12 weeks. I want to enjoy rest of my days without working. : ) Will company pay me for rest of the 8 week or company allow me to enjoy next 8 weeks :) .

Shiva: Hahahahahha ... Smile. Company will not pay you. You have finished your work and now you can go. Company will not allow you to come office also. Because there are chances that in the free time you will start influence others which is not good for company. 

Puneet: ya ya .. That's what I am saying. You just mentioned that it's all mutual understanding. I don't want to go early but now company want .. so there is no mutual agreement. Will company pay me ?

Shiva: See man, company has so many things that they can make you to leave. But usually company don't do this with anyone. But if employee wants to go in this mode, they should remember, "World is small". "This industry is very small". "Company can blacklist such candidate, he/she will never get entry in future". Another thing, Top Management and Hr people always have link in other company. So do you think they will not share this with anyone. It will create a problem to employee only.

Me: You are saying that company will not pay ?

Shiva: What I am saying that when employee put paper they wants to go early, so they should be happy to know that his/her manager is ready to leave him early. why should go in that direction in which you will not get anything. Just it will harm you.

 Me: Okay, 1 last thing.. (last question). 

Shiva: yes, put it fast.. I have to go somewhere. 

Me: You gave the example of Real estate. How Notice period work and why 1 month is sufficient. When most of the companies have 4 week of notice period, Why your company has 12 week of Notice period ? Do you think any company can wait for 12 weeks (1 Quarter) for someone to join while they can get someone else from outside in 4 weeks ?

Shiva: Yar, I told you, these numbers depends on type of work. For them 4 weeks may be sufficient, but for us it's not. If other company is in hurry, they can Buyout the candidate. That's option is always open. If employee wants to go early, they can compensate LOSS. Anyways - if still you have some concern, discuss with the Director head of HR. Or you can drop a mail to CEO/Board of Directors. I think, They can help you on this.  Anyways .. I have to go. And I would say just one thing ... It's not as simple as you are thinking to make or change the policy. When you will be our position or part of management, you will realize that it's not so straightforward.  From outside, it's easy to comment. Talk you later. Bye

Me: Bye. :) 

HAHHAHA .... How many of you agree with Shiva ? Now let me share my concerns...

1. If an employee wants to leave, why to force him/her to stay? DO you think, during their stay (in Notice period) anyone really care for current company or they will think about the new company? We are not machine, we are human being. we can't deny this fact that my inclination will be toward my future company.
2. Before putting my paper, I am happy. I have served you/your company. Even I know the importance of my work in company. Why can't discuss the same and decide a final date? Why there is a need of such Notice period?
3.   I can understand that Notice period is required because of several reasons, but why not reasonable ? If employee can misuse the "policy of NO NOTICE Period", Manager /HR / Management can also misuse the "Big NOTICE PERIOD". 
4. It's a part of ecosystem. Employee will leave one company and join other. If most of the company have 4 weeks of notice period, then why 8 weeks/10 weeks/12 weeks of Notice period. Is't you are forcing a employee not to leave your company or if they want to leave, you just trying to harm him / other company in the name of "Compensate the Loss". 
5. In case of fresher, whose monthly intake is 50K, it's easy for any employer to buyout their Notice period (just 150K), but what about the 10+ year of experience (Monthly Intake almost 200K). Paying 600K for getting an employee, when I know that I can get someone outside from other company (without paying this amount). Who will be in loss. Employee or Employer ??
6. Notice Period concept is to "handover your work to someone else" and if there is a mutual understanding - "finish the pending work, if possible". Once that's finished, why should ask employer to stay and work on other things ?
7. If they want to leave early, they have to pay Balance amount. Why not Vica-Versa ? If they finish the work and company wants them to leave now, Company should pay balance amount.
8. Why these things come into the picture that "Industry is small" , "Management has links in other company" ?

I know this is not a forum, where I should ask such questions but I would like everyone to think on this. I would like to understand the philosophy behind Notice period. basically the "IDEAL NOTICE PERIOD".

In the last, I would say only one thing- these are my view and lot of other people also think in the similar way. but due to, So called "SMALL INDUSTRY" and "MANAGEMENT LINK", they don't want to come out of their comfort zone. Till the time, such discussion happen within our Friend circle, they are okay but the moment if it bubbleup, they come up with "LET IT BE" or "LET THEM" attitude.