How are notice periods and severance packages handled in an EOR arrangement?

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Notice periods and severance packages in an EOR arrangement require careful consideration of both legal requirements and contractual obligations. The handling of these elements must comply with local labor laws while ensuring fair treatment of employees during the termination process.

Notice Period Requirements

In India, notice periods are legally enforceable and vary based on employee roles and company policies. The standard notice periods typically range from:

  • Freshers: 30 days
  • Mid-level positions: 60 days
  • Senior roles: 90 days

The notice period terms must be clearly specified in the employment contract and comply with local labor laws. During this period, employees are entitled to their full salary and benefits, including applicable leave benefits4.

Severance Package Components

  1. Gratuity Payment
  • Applicable after 5 years of continuous service
  • Calculated at 15 days' salary for each completed year
  • Maximum cap of ₹20 lakhs
  1. Leave Encashment
  • Unused paid leave compensation
  • Calculated based on current salary
  • Subject to company policy

Additional Components
Component Calculation Basis Eligibility
Severance Pay 15 days per year As per contract
Notice Pay Monthly salary If notice not served
Bonus As per policy Pro-rated basis

Legal Compliance Requirements

Under the Industrial Disputes Act, employers must ensure:

  1. Proper notice or payment in lieu
  2. Documented reason for termination
  3. Compliance with statutory requirements
  4. Proper calculation of final settlements

Severance Calculation Factors

The calculation of severance packages typically considers:

  • Length of service
  • Employee grade/position
  • Contract terms
  • Company policy
  • Local labor laws
  • Performance records

How Wisemonk Can Help You Handle Notice Periods and Severance Packages?

Wisemonk, specializing as an EOR for global businesses in India, simplifies the handling of notice periods, severance packages, and compliance with local employment regulations. By managing the entire process, Wisemonk reduces administrative burdens, ensures regulatory compliance, and provides transparency for both employers and employees. This expertise ensures that companies can manage terminations confidently, with all settlements processed accurately and legally, allowing your business to operate smoothly in India.