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TCS Confidential 1
TCS India (BPS) Policy - Notice Period
VERSION 7.0
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TCS Confidential 2
2009
This is a controlled document. Unauthorised access, copying and
replication are prohibited.
This document must not be copied in whole or in parts by any
means, without the written authorisation of the Head Global HR, TCS
or Deputy Head Global HR, TCS.
Document Release Notice
This policy document on Notice Period for BPS employees, Version
7.0, is released for use in TATA
Consultancy Services (TCS) with effect from 01 August, 2013.
This document is subject to TCS Document Control Procedure.
Soft copy of the latest version of this document is available in
MyHR in Knowmax.
This document was last reviewed/updated on 01 August, 2014
Approved By: Ranjan B (Global HR Head BPS)
Authorised By: Dr. Ritu Anand (Deputy Head Global HR, TCS)
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TCS Confidential 3
Applicability
This policy is applicable to all:
- All employees of TCS India in BPS (Business Process Services)
grades (excluding BPOS grades)
This policy is not applicable to:
- Business Associates, Academic trainees, ACE Associates and
Contract Consultants.
Note: Throughout the policy document, any reference to TCS BPS
processes will also include TCS e-
Serve International unless some entitlements are defined
specifically for TCS e-Serve International.
Introduction
Separation is the last stage in the lifecycle of an employee
within the organisation. Resignation is the type
of Separation wherein an employee voluntarily leaves the
services of the organisation. Resignation is a
personal decision of the employee and is initiated through a
formal Resignation letter submitted by the
employee as a notice of intention to resign.
With a view to avoid disruption of customer projects and to
derive the full benefits of investments in
training of employees, TCS has a policy for Notice Period to be
served by an employee on resignation
from the Organisation.
Notice Period is defined as the minimum period that an
individual has to serve in an organisation (after
submitting his or her resignation). In case the individual
chooses not to serve the Notice Period he or she
has to pay an amount to the organisation in lieu of the Notice
Period.
A Notice Period is required to ensure smooth handover /
completion of job related responsibilities,
assignment related commitments and return of all Company
property including documents, data, physical
and software assets, etc.
Purpose
The purpose of the policy is
- To ensure business continuity for the Organisation in the
event that an employee submits his/her
resignation.
- To safeguard intellectual property rights, confidentiality and
security interests of TCS and the client.
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TCS Confidential 4
Provisions
1. General Provisions
a. An employee who wishes to resign may not be released from the
services of the Organisation
unless he or she submits a written notice of Resignation
(resignation letter) and also completes
the Notice Period.
b. The Notice period starts from the date of receipt of formal
written intimation of Resignation.
c. Notice Period is calculated as follows
- For an employee who resigns in the home location within the
first three months from Date of
Joining), the minimum Notice Period is 30 calendar days.
- For an employee who resigns in the home location after
completion of 3 months from Date of
Joining the minimum Notice Period is 90 calendar days.
- For employees who have joined TCS BPS prior to 29 Dec 2008 The
minimum Notice Period is 30 calendar days or as agreed in the offer
of employment.
- For erstwhile TCS e-Serve and TCS e-Serve International
employees who have joined prior
to 17 Nov 2010 The minimum Notice Period is 60 days.
Note: - In case the employee is under the International
Deputation Agreement the terms of the
agreement will apply,
d. An employee may be released before completion of the Notice
Period as stated above. This is
purely based on TCS discretion.
e. If an employee in Grade BPO7 or above resigns within a year
of joining TCS BPS, any benefits
provided at the time of joining are recovered during the Full
and Final Settlement (i.e. Retention
Incentive, Relocation Expenses, Joining Bonus, Notice Period
Buyout, etc.)
f. In case the employee requests to be relieved without serving
the complete Notice Period he or
she is liable to pay a liquidated damage towards the shortfall
in the Notice Period.
g. The liquidated damage is calculated based on the employees
last drawn / maintained Basic pay of the home location salary.
h. Any commitment towards Notice Period may not be adjusted
against any accumulated leave
balance.
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TCS Confidential 5
2. Special Scenarios
a. Availing Leave while serving the Notice Period
1. When serving the Notice Period post initiation of the
Resignation, the employee is not entitled
for any leave except in case of a medical emergency.
2. In case of a medical emergency, employee may avail sick leave
and submit the relevant
proofs within 3 working days on resuming duties. Such Sick leave
period (if approved by the
employees Supervisor) is considered as valid for the purpose of
Notice Period.
3. Employees, who remain on unauthorised absence during the
Notice Period, are treated as a
breach case and the necessary disciplinary action / proceedings
may be initiated.
b. Resignation is submitted when an employee is on Paid leave or
Leave Without Pay (of duration
greater than 60 calendar days):
1. The policy provisions provided above apply.
2. The employee should pay liquidated damages in lieu of the
Notice Period as per the policy.
3. The period when the employee is on leave is not considered as
valid Notice Period.
c. Resignation is submitted when an employee is on Paid leave or
Leave Without Pay (of duration
less than or equal to 60 calendar days):
1. The policy provisions provided above apply.
2. The employee is obligated to serve Notice Period else, pay
liquidated damages in lieu of the
same as per the policy.
3. The period when the employee is on leave is not considered as
valid Notice Period.
Terms and Conditions
1. Any shortfall in the Notice Period is recovered through Full
and Final Settlement. Such calculation is
based on the last Basic Salary drawn / maintained in home
country salary of the employee.
2. If the Notice Period is during the period when TCS revises
and implements the annual compensation,
the revised compensation is only applicable to employees who are
in service of TCS at that time. The
revision is not applicable to employees who have already left
the service of TCS before the
announcement of revised compensation.
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TCS Confidential 6
3. TCS reserves the right to change or discontinue any or all
provision/s of this policy; at any point of
time.
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TCS Confidential 7
Revision List
Revis
ion
Versi
on
No.
Policy
effectiv
e date
Document
Revision
Date
Revision Description Section No. Rationale
for change
Change
type
(add/m
odify/d
elete)
Policy
revision/
Document
revision
7.0 29 Dec
2008
01 Aug
2014
The 120 days notice period
applicable to employees
covered under International
Assignment agreement has
been removed.
Provisions
(c)
As per
existing
practice.
Delete Document
Revision
7.0 1 Sep
2012
01 Aug
2014
Removed the provision
relating for calculation of
liquidated damages for
employees whose date of
separation was before Sept
2012
Provisions
(c)
Document
Update.
Delete Document
Revision
6.0 01 Aug
2013
20 Aug
2013
Replaced BPO (Business
Process Outsourcing) by BPS
(Business Process Services)
Throughout
the
document
In keeping
with Industry
practice
Modify Document
revision
5.0 1 Sep
2012
15 Oct
2012
Calculation of liquidated
damages based on date of
separation
Provisions
1.(g) & 1.(h)
Additional
clarity
Modify Document
Revision
4.0 1 Sep
2012
05 Sep
2012
Notice period for BPO and
TCS e Serve revised.
Provisions Policy
alignment
Modify Policy
Revision
4.0 1 Sep
2012
05 Sep
2012
Note on applicability of policy
for employees who join on or
after 29 Dec 08, removed.
Provisions Not
applicable in
current
scenario
Delete Document
Revision
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TCS Confidential 8
3.0 17 Nov
2010
19 Dec
2011
1. BPOS grade associates
excluded from policy.
2. Note added to clarify that
the policy covers TSC e
Serve associates
Applicability Clarify the
applicability
of the policy
Modify Document
Revision
3.0 17 Nov
2010
19 Dec
2011
Notice period for BPO and
TCS e Serve specified
separately
General
Provisions
1(c)
Updated as
per current
practice in
TCS e Serve
and BPO
Modify Document
Revision
2.0 29 Dec
2008
29 Dec
2008
Added the Gross Salary
calculation approach for the
purpose of recovery in case
of Notice period shortfall.
Provision >
General
Provision >
point f >
Note
Clarity on
approach, for
the purpose
of calculation
of recovery in
case of
Notice period
shortfall.
Add 29 Dec
2008
