India’s controversial 90-day notice period, No Freedom?

90-day notice period

“When quitting a job feels harder than getting one.”

 

A viral rant by a manager working at a Big Four accounting firm has once again ignited debate over India’s controversial 90-day notice period. Shared on January 12, 2026, the post questions whether such long exit policies are outdated in a fast-moving global job market.

The manager, a software developer by profession, called the 90-day rule inefficient and mentally draining, especially when compared to global standards. In countries like China, the legal maximum notice period is 30 days, while in the United States, two weeks is often enough. According to him, India’s system “holds employees hostage,” forcing them to stay long after they have mentally checked out.

He argued that during these extended notice periods, productivity drops sharply. Employees wait for their final working day rather than contributing meaningfully. While companies defend the rule for knowledge transfer and project continuity, the reality is harsher—many employees lose new job offers because employers are unwilling to wait three months.

⚖️ What the Law Says

In India, notice periods depend largely on employment contracts, job roles, and state-level laws like the Shops and Establishments Acts. In many states, including Bihar, one month’s notice is common after initial service periods. For workers covered under the Industrial Disputes Act, the law mandates one month’s notice or salary in lieu. Non-workmen, however, are bound by contracts that can extend up to 90 days.

The Supreme Court has previously stated that notice periods must remain reasonable, warning against policies that resemble “bonded labour.” Waivers are allowed in cases like misconduct, but standard exits remain rigid.

😤 Real Employee Struggles

Tech professionals continue to share stories of missed opportunities. In 2025, several workers nearly lost international MNC offers because they couldn’t serve the full 90 days. Even Big Four firms faced backlash in late 2025 as employees struggled to negotiate early exits or expensive buyouts.

Adding pressure, TCS announced on January 13, 2026, that employees on the bench beyond 35 days would face salary cuts—indirectly pushing faster job transitions.

🚀 Why This Matters

With India’s job market—especially states like Bihar—expecting around 2 lakh new roles in 2026, mobility is critical. While no nationwide reform has been announced yet, viral debates like this may finally push companies to rethink rigid exit policies in competitive sectors.

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