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rusli77
It seem is if employer nowadays, has the tendency to treat poor performance as misconduct thus using the same method of handling such cases.
If the two were different I would like to know how poor performance tantamount to dismissal.

From Malaysia, Johor Bahru
Dinesh Divekar
7855

Hello,
Poor performance cannot be misconduct. It is inability to fulfil conditions of employment. Employment can be continued only subject to continuity of performance. But for this:
a) You need to define measures of performance for each designation.
b) After defining you need to communicate these measures of performance to employees concerned.
c) If required, you need to train employees to attain the desired performance.
d) If the employee is unable to attain the desired performance you need to give him written show cause notice.
e) If he still unable to perform, you need to give second show cause notice. This notice should be after a period of month (at least) from first notice. You need to be specific about failure of employee and quote the instances of his failure.
f) If the performance of employee is still unsatisfactory, you can remove him with final notice.
Thanks,
Dinesh V Divekar

From India, Bangalore
Rahul Kumar
11

Poor performance does not qualify as a misconduct normally under Code of Conduct guidelines or Misconduct guidelines in organizations.
Intentional poor performance, if could be proven, may tantamount to misconduct if specified in the conduct guidelines in any acceptable manner.
Rahul
0091 9968270580

From India, New Delhi
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