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Dinesh Ji
Can any one know me if employee is a below performer than company force to serve notice period without giving him option to pay notice recovery amount.
From India, New Delhi
Cite Contribution
1858

Did the employee request for a notice period waive-off ? I am trying to understand why you raised this question.
Notice period helps in the knowledge transfer. As an employer or the management team, optimise this duration for a seamless transition.
Every employee agrees to serve the notice period when they signs and accepts the appointment letter, which notifies the exit clause.
It remains an employer's prerogative to consider a waive off, due the humanitarian reasons.
Please consider the notice period similarly. If the employee had requested for a waive, and the performance remain below standard, serving the duration may not help anyone.
Looking forward to hear from you.

From India, Mumbai
anil.arora
663

Well it seems to me that you are an employee and asked to leave the position because your employer found you as an underperformer or you were not performing /performed according to their expectation.

Well if I am right, you need to go through your appointment letter first and give us the details about it. What term & conditions of notice period says in this regard is matter here, which will enable us to say more appropriate about it.

Also, I second, Ms (Cite Contribution), would like to remind you that you have agreed on the terms and conditions of employment through signing appointment letter which is a mutual agreement between both parties (Employee and Employer), and if your appointment letter conditions allow them to ask you to leave the position as you are an underperformer or not performing even after provided chances, you have to leave without expecting notice period benefits to employee in this regard.

Hope now you are cleared with the things. However, if you still have any question, please furnish more details as requested above by her and me as well

From India, Gurgaon
Dinesh Ji
Dear Sir,
I am just giving a scenario and have some question dont say that i am under performer.
Good Performance is coming from your own goal and motivation Which depends upon conditions.
My question is still not answered .if employee is a under performer than why there is need to serve notice. In this case either employer should pay him notice period amount or should waive off his notice period and should release him with immediate effect. If employer is not doing so . May be deliberately or for personal reason immediate boss made him under performer. So i want to know what the labour law says. Because companies not obeying labour laws and harassing employee's to work without increament.

From India, New Delhi
yagnaiah. k
17

Hello
The concept behind notice period:
1. Notice is either side.
2. Notice is to facilitate both management to look for a substitute not to hamper the work
and employee to look for an alternative not to suffer for lively hood
3. Notice period can either be waived or compensated.
The Question in reference:
A a bad performer be allowed to work during the notice period
"Guiding as blind horse further is of no use"
If the employee resigns, waiving the notice period is best, as we can take the horse to the pond but no make it to drink, we may insist a resigned employee for his working during the notice period, but he neither work and also at the same time there is a possibility of spoiling the work atmosphere.
If the Management issues a notice for his bad performance, let the notice period be waived and relieved from services.
If not it would be better the Management may issue a reasonable time, if it so feels, to improve his performance.

From India, Hyderabad
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