Hi, We need to let a person go as his performance is way below standards. We put him on PIP (for 45 days) and spent a considerable amount of time coaching him and giving him feedback, but the desired results weren't met. Now he says let me serve my notice period.
The policy doesn't mention anything about the PIP failure date to be the last working day for the employee. What should be done, as we don't have any work to give him and don't want to pay him for nothing.

From India, Mumbai
Dear RJ,

When the employee's performance was not up to the desired level, you placed him under PIP. But then how did you communicate that you have placed him under PIP? Did you communicate as to what would happen if his performance does not improve even with coaching, on job feedback etc?

Technically the request by the employee is correct. If you had issued exclusive communication stating that his performance review would be done on completion of PIP and if it is found that his performance was not satisfactory then his services would be discontinued without notice period the request by the employee would not have been tenable. Indirectly your communication could have clarified that PIP and notice period both would get merged and there is notice period over and above PIP period.

Therefore, check the letter that you have issued to the employee. In fact I also see this as lacunae in the Policy on Performance Management System (PMS) or Policy on Performance Appraisal (PA). All these things are generally anticipated and covered in the policy itself. For further queries, feel free to contact me.


Dinesh Divekar

From India, Bangalore
If your PIP notice do not mention about his end of tenure based on performance as claimed by you, better to honour your own offer of notice period.
From India, Chennai
PIP is not equivalent to notice period, as reviewer decided on termination at end of the PIP period, Either let him serve his notice period or at least give him salary in lieu of notice and have an amicable hand sake.
From India, Karnal
Dear RJ. I suggest not to include such clause in your PIP system because the employee is going out due to his poor performance. Getting a job for such type of candidates will be very difficult hence if he works for those 1 / 2 / 3 months period he will have time to search for an alternative in addition to this he should be provided with a clean service certificate.
From India, Hyderabad
No. Your contention is wrong.
You cannot Merge noticed period merged with the PIP.
If you were doing that, the employee would be searching for a job right through that entire period of the performance improvement plan. your PIP want to be useless as the person will not be concentrating on performance but on getting a job. And if you were to find improvement you would find the employee does not want to stay
You need both legally and morally, to give him the standard notice period, but probably you will be willing to relieve him early if he finds a job

From India, Mumbai
I endorse the views of Mr.Saswata Banerjee. It need to be mutually supportive, beneficial, morally, ethically and legally correct also.
From India, Chennai
Hello RJ,
Is this employee under "probation period" or a "confirmed employee" ? In either case, your would need to check for the "termination/separation clause" in the appointment letter issued to him. Probably you'll find the answer to what you would need to do.

From India, Mumbai
Dear RJ,
Its always better to mention below clause in the PIP mail to the employee.
"Once you achieve the expectations, you will be continued as earlier, otherwise this also serves as notice period and relieved from the services at the end of PIP period due to non performance "

From India, Bengaluru
Hello RJ,

PIP and notice period are two different things. The clause of notice is also dependent on a person being under PIP while he was serving probation period or was he a confirmed employee.

PIP states only the period of performance under review and not that the same is notice given by the company until this condition is clearly informed that upon completion employee will be asked to discontinue. This also means that it is not PIP but indirect msg of giving nitice.

The objective of PIP is to give positive efforts on employees performance for him to stay back and improve continuously.The tasks assigned during that time and feedback has to be monitored and recorded.

Notice period is exclusive to PIP and hence minimum days of notice must be extended to employee in case he fails in PIP. Consider such cases as an input to your termination guidelines document.


Hiral Mehta

From India, Ahmedabad

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