Rdsyadav
Educator, Management Consultant & Trainer
Sogemar
Ir Manager
+3 Others

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Hello Everone,
I am working in a company from 1.7 year. But today I got warning letter for my performance.
Please see the below:
"This is to bring in your notice that your performance even after my verbal warning 15 days back in below par, which is creating a bad impact on client about company.
With this email, you are being provided 10 days notice, if performance still remains the same we may take strong action against you which includes ceasing your salary for the month of Jan and terminating your contract with the company.
Due to your performance, we are already going through losses.
Please consider this as final notice to you."
Please let me know what should I do. I am performing the same but due to time limits and other problems, I am going to blame.
Plesae let me know.

Dear sir,
You are really in difficulty. This at times happens with so many of us. Try to seek another seat if you have difficulty in understanding of expected results out of jobs assigned to you .This can only happen, if you talk and make your senior agree on with HR as I see you are a new to set up and possibilities in your case can be available . Any how, you treat the communication sent by HOD as a final notice, look out suitable job that should be your priority. I suggest, you sit down once with your superior,try to understand the real gaps to improve upon if not here out at other organization. Also, request him to consider extension in relieving of more time say another month's time so that you can grab a job easily of your choice in market.
Anything that gives painful experience should also be taken as an opportunity calling us to face with full strength and firmness. During this tenure of struggle , there are plenty of job opportunities for you. Move ahead with positive attitudes and keep yourself motivated , prepare to hunt a job as early as possible.
Best wishes,
RDS Yadav

Hello; It is easy to put the blame on to someone else. In this case the employer. In fact, employer has given enough opportunity to you to improve. Instead of inspecting yourself, you are asking what you should do? Examine yourself. You went wrong somewhere. You were selected 5 months ago as the best person out of total candidates. What happened thereafter? Employer has the trouble to select another person. Employer will not give you notice without reason. At least in your next employment, be careful. Do not give an opportunity to complain against you. After all you are working for employer, Employer did not start his business because you were available. Think.
Vibhakar Ramtirthkar.

Hi,
I am grateful for your opinion. Thank you.
I just want to know that If I resign tomorrow before they terminate me after 10 days. Can they hold my salary and document then, experience letter is necessary for me as it has been long time in the company.
If they terminate me after resigning, can I take legal action against them for notice period salary or document?
Thank you

Dear Tester and Mr Vibhakar R
I differ slightly here from the view points of Vibhakar .I had experienced that at times, organization do not provide proper induction and enough support in order to get performance from new member may be there right or wrong justifications. There are few organizations where proper induction is ensured, required resources including mentoring ,BUDDY is there to allow him perform. Another situation is where new employee has not been able to exhibit the performance to expected level.And this is true situation applicable to every cadre from Trainees to CEOs roles. In both situations, employee must assess out of discussions from peers, colleagues and also from Superiors as to what is likely to happen with him in near future . If signal is clearly negative, he has to plan his exit before he is asked to exit.I find, employer has been considerate and after careful review of performance, wanting graceful separation of Mr. Tester.Hopefully, all documents, salary, exp. letter will be also returned to you, normally it is expected by management to stay with grace , do not damage and observe conditions that you obey and comply what is asked to do by your superior., please maintain the same.
Best wishes,
RDS Yadav

You may treat the warning letter as the first step toward termination to avoid IR issues with Labour Department. So it is advisable to seek a better job with a better salary and move on with life. You may consider this experience as a life lesson and much more to come. Always do some research about the company prior to your joining.
Dear All,

Termination on the ground of poor performance after the service of 1 year 7 Month is the sensitive aspect. It raise the question over mis-management of company and lack of maintaining the relation between employee and employer that while recruiting any employee who is suspect in respect of delivering satisfied performance then such employee should be put on probation period to learn the job and figure out that weather the employee is capable to work according to JD. If once the employee is confirmed after that blaming the employee not to deliver the satisfied performance is subjected to disputed. Further if employee performance is not good the company has to know the exact reason of Poor performance that where exactally the problem is why the employee is being able to deliver the required performance also the company has to provide training & counselling required if any. Even after that if the performance is remain unsatisfied. Then company can proceed with termination formalities in presence of concrete evidence of coorperation with employee by complying the principle of Natural justice. In this scenario batter to resign instead of termination because termination and clause of poor performance can impact negatively on employee career in future,

With regard to ceasing salary :- legally company cannot cease the salary of any employee in terms of delivering unsatisfied performance. Salary is the First need of employee therefore company cannot cease/hold the employees salary in any circumstances?

Thanks & Regards

V SHAKYA

HR & Labour, Corporate Laws Advisor

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