Dear seniors,
We are registered under Bombay shop act- An IT firm.
The case is:
We would like delink poor performers with Personal performance Incentive and waive off notice period, if employee has been terminated based upon poor performance.
I would like to include such a clause in our appointment letter where company does not have to pay for employee’s poor performance after many improvising efforts spent over.
Is there any way where we can make it instrumental under Indian jurisdiction.
I am very well aware of the clause:
Notice of termination of service:- no employer shall dispense with the services of an employee who has been in his continuous employment-
*misconduct-
a. absence from service without notice in writing or without sufficient reasons for 7 days or more
b. going on or abetting strike in contravention of any law for the time being in force
c. causing damage to the property of his employer.
Kindly suggest, or provide me with contact details for any legal adviser.
I would like to do the dipstick survey before including any clause.
The clause which I intend to include:
“In case of separation based upon *poor performance, breach of trust, misconduct, disciplinary action, the member will not be in a position to avail the notice period and personal performance incentives specified in the appointment letter.”
*Poor Performance:- unsatisfactory work performance, can encompass a variety of behaviors which include, but are not limited to, failure to complete work assignments or correct errors in a reasonable amount of time, inability or unwillingness to learn new tasks or skills, or to work collaboratively. Such patterns will be identified, and communicated to the member to take corrective action when appropriate, which may include coaching for improved performance.
Thanks
Swapna Sangari
From India, Pune
12We are registered under Bombay shop act- An IT firm.
The case is:
We would like delink poor performers with Personal performance Incentive and waive off notice period, if employee has been terminated based upon poor performance.
I would like to include such a clause in our appointment letter where company does not have to pay for employee’s poor performance after many improvising efforts spent over.
Is there any way where we can make it instrumental under Indian jurisdiction.
I am very well aware of the clause:
Notice of termination of service:- no employer shall dispense with the services of an employee who has been in his continuous employment-
- <LI class=MsoNormal style="COLOR: #3366ff; mso-list: l1 level1 lfo3">for not less than a year, without giving such person atleast 30 days notice in writing, or wages in lieu of such notice:
- for less than a year but more than three months, without giving such person atleast 14 days notice in writing, or wages in lieu of such notice:
*misconduct-
a. absence from service without notice in writing or without sufficient reasons for 7 days or more
b. going on or abetting strike in contravention of any law for the time being in force
c. causing damage to the property of his employer.
Kindly suggest, or provide me with contact details for any legal adviser.
I would like to do the dipstick survey before including any clause.
The clause which I intend to include:
“In case of separation based upon *poor performance, breach of trust, misconduct, disciplinary action, the member will not be in a position to avail the notice period and personal performance incentives specified in the appointment letter.”
*Poor Performance:- unsatisfactory work performance, can encompass a variety of behaviors which include, but are not limited to, failure to complete work assignments or correct errors in a reasonable amount of time, inability or unwillingness to learn new tasks or skills, or to work collaboratively. Such patterns will be identified, and communicated to the member to take corrective action when appropriate, which may include coaching for improved performance.
Thanks
Swapna Sangari
From India, Pune
dear
you are in IT company and you donot follow the law because you know all employees are having white collor job and they donot go for litigation,so u do whatever u want to do.dear,sorry for the word i have used but it is fact.
you should have your standing order certified by deupty labour commissioner or appropriate authority in the particular state and you can not add any clause as your own, u have to follow standing orders and if at all u put any clause against the standing order that will not prevail in court of law.if donot have stading order than follow model standing orders.
legally how this is possible to add this clause ,if some one is not performing well
u need not to confirm his sevices after probation.if u have confirmed means he is good in his work and u can not say after two years of services that he is not good performer.
tks
j s malik
From India, Delhi
you are in IT company and you donot follow the law because you know all employees are having white collor job and they donot go for litigation,so u do whatever u want to do.dear,sorry for the word i have used but it is fact.
you should have your standing order certified by deupty labour commissioner or appropriate authority in the particular state and you can not add any clause as your own, u have to follow standing orders and if at all u put any clause against the standing order that will not prevail in court of law.if donot have stading order than follow model standing orders.
legally how this is possible to add this clause ,if some one is not performing well
u need not to confirm his sevices after probation.if u have confirmed means he is good in his work and u can not say after two years of services that he is not good performer.
tks
j s malik
From India, Delhi
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Recognising poor performance.pdf
Disciplinary+si tuations+includ e+misconduct+an dor+poor+perfor mance[1].doc