Unsatisfactory Performance - Salary Will Be Placed On Commission - CiteHR
Rdsyadav
Educator, Management Consultant & Trainer
Riteshmaity
Labour Law Advocate
Oyindolapo
Admin/human Resources Manager
+1 Other

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As an Admin/ Human Resources Manager, I was asked by my boss to write a letter to one of the staffs who is to complete his six months probation, informing him of his poor performance. And also to include in the letter that once he completes his probation period , his salary will be placed on commission. Please, how do I go about writing this piece ?
If the performance was not upto the mark why does your boss want to offer work to him on commission basis ?
Is there a clause in the appointment letter that reason is required to be communicated in case the work is not upto required parameter ?
In case, such a clause does exist that you may communicate that " This has reference to your appointment letter no---dt---.
This is to inform you that your probation will be over on-----and would like to inform you that as per feed back , your performance during probation does not meet our standards. Therefore your it will not be possible to confirm you as a regular employee.
Your services, therefore, will no longer be required after probation period is over ie after--------.
We wish you the very best .
Regards,
Auth Signatory "

Dear Sir,

In addition to Mr. Rathi's opinion, I wish to advise you with an option which can provide an opportunity to him to improve performance provided your management is also willing to allow him time to assess that he stands committed and all pending jobs can be completed also. Alternatively In other situation, you can give extension of probation period for another three months in writing as below:

"Dear Mr. ABC,

This is to inform you that your probation will be over on-----=====. Though you might have put in efforts in learning and doing the assigned jobs to you in normal course yet there exist still gaps in performance which has been OBSERVED as " Unsatisfactory " . The said observations and feedback has been pointed out to you by your HOD from time to time.

Management has therefore, decided to extend your probation period for another three months . Please note that your performance during probation need to meet our performance standards. Therefore you are advised to improve upon in desired areas already discussed in details with time lines otherwise it will not be possible to confirm you as a regular employee.(It will be best thing if you write the job details, areas , time lines, targets here)

We expect that you will take this in right earnest and will pay attention for expected level of improvements in the assignments

for XYZ Ltd,

Authorised signatory.

You take an employee on probation for a certain period, thereafter 1) if you are satisfied with his performance you confirm his service or 2) if you are not satisfied you can terminate his service.
From where does you get the scope of employing him on commission? It may create lot of legal complications and may become harmful for the company.
If you do not want him to keep him on salary but wants to pay on the basis of his performance, it is better to terminate his service as per clause of probationary letter and settle all his dues. Thereafter, wait for a month, and freshly appoint him on commission. That is the only way to cease the employer employee relationship.

An employee has to given a chance to improve, hence it is advisable to extend his probation for another 3 months as suggested by above members, further even after completion of the extended probation if his/her performance is not satisfactory then the employee has to be terminated for his/her services.
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