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TCS India (BPS) Policy - Notice Period

VERSION 7.0

TCS Confidential

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)

TCS Confidential

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 eServe 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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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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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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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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Revision List

Revis
ion
Versi
on
No.

Policy
effectiv
e date

Document
Revision
Date

Change
type
(add/m
odify/d
elete)

Policy
revision/
Document
revision

7.0

29 Dec
2008

01
2014

Aug

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
2014

Aug

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
2013

Aug

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
2012

Oct

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
2012

Sep

Notice period for BPO and


TCS e Serve revised.

Provisions

Policy
alignment

Modify

Policy
Revision

4.0

1
Sep
2012

05
2012

Sep

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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Revision Description

Section No.

Rationale
for change

3.0

17 Nov
2010

19
2011

Dec

1. BPOS grade associates


excluded from policy.

Applicability

Clarify
the
applicability
of the policy

Modify

Document
Revision

2. Note added to clarify that


the policy covers TSC e
Serve associates
3.0

17 Nov
2010

19
2011

Dec

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
2008

Dec

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
2008

TCS Confidential

Dec