Can We Legally Waive Notice Period for Poor Performers in Our IT Firm? Seeking Advice Under Indian Law

Dear seniors,
We are registered under Bombay shop act- An IT firm.
The case is:

We would like delink poor performers with Personal performance Incentive and waive off notice period, if employee has been terminated based upon poor performance.
I would like to include such a clause in our appointment letter where company does not have to pay for employee's poor performance after many improvising efforts spent over.
Is there any way where we can make it instrumental under Indian jurisdiction.

I am very well aware of the clause:

Notice of termination of service:- no employer shall dispense with the services of an employee who has been in his continuous employment-

• <LI class=MsoNormal style="COLOR: #3366ff; mso-list: l1 level1 lfo3">for not less than a year, without giving such person atleast 30 days notice in writing, or wages in lieu of such notice:
• for less than a year but more than three months, without giving such person atleast 14 days notice in writing, or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such employees are dispensed with for *misconduct.

*misconduct-
a. absence from service without notice in writing or without sufficient reasons for 7 days or more
b. going on or abetting strike in contravention of any law for the time being in force
c. causing damage to the property of his employer.

Kindly suggest, or provide me with contact details for any legal adviser.
I would like to do the dipstick survey before including any clause.

The clause which I intend to include:
“In case of separation based upon *poor performance, breach of trust, misconduct, disciplinary action, the member will not be in a position to avail the notice period and personal performance incentives specified in the appointment letter.”

*Poor Performance:- unsatisfactory work performance, can encompass a variety of behaviors which include, but are not limited to, failure to complete work assignments or correct errors in a reasonable amount of time, inability or unwillingness to learn new tasks or skills, or to work collaboratively. Such patterns will be identified, and communicated to the member to take corrective action when appropriate, which may include coaching for improved performance.

Thanks
Swapna Sangari

Dear [Name],

You are in an IT company and you do not follow the law because you know all employees have white-collar jobs and they do not go for litigation. Therefore, you do whatever you want to do. Dear, sorry for the words I have used, but it is a fact.

You should have your standing orders certified by the Deputy Labour Commissioner or the appropriate authority in the particular state. You cannot add any clause on your own; you have to follow the standing orders. If you put any clause against the standing order, it will not prevail in a court of law. If you do not have standing orders, then follow the model standing orders.

Legally, how is it possible to add this clause if someone is not performing well? You need not confirm their services after probation. If you have confirmed their services, it means they are good at their work, and you cannot say after two years of service that they are not good performers.

Thank you.

J S Malik