Salary Of A Non-performer

Hi All,
My company want to fire two employees who are not performing well so i want to know what will be the salary paid to these guys.... Whether we have to pay their actual salary or we should do some kind of deduction as penalty.
Thanks and regards,
Sakshi

Employee gets the salary not for performance but for spending his/her working hours in a particular work place. Incentive and bonus are the tools for performance measurement
So, Salary can't be deducted
Regards,
Poonam Yadav

I fully agree with Poonam Yadav. If you intent to deduct, you have to do from his performance incentive.
Regards,
MS

we have a contract employee whose notice period is 1 Day. he is not preforming well so i want to know before how much time have to give him notice ?

Hi, I agree with Poonam. Employer can stop paying benefits like leave encashment, bonus, etc other than salary and before taking any such step pl double ensure that the employee himself acknowledges his mistake in writing to avoid any further ramifications against employer.

Dear Vijaya,
It is not so easy to stop paying benefits like leave encashment, bonus, etc. You cannot stop paying bonus to one employee while paying others under the provisions of Payment of Bonus Act. Any such action on the part of the management would be violation of law of the land.
If you believe you can stop payment of leave encashment and bonus, etc. can you quote the provisions of law in support of your reply?

Dear Sakshi,
You cannot stop or reduce salary of an employee unless resorting to the process of disciplinary action against an employee for misconduct on his part. But less performance does not fall within the scope of misconduct unless he is found guilty of dereliction of his duties and responsibilities or fails to achieve the prescribed targets.
So, if you want better performance from the employee, it is better to prescribe some specific targets to be achieved by him and then you can take disciplinary action for non-achievement of the stated targets and neglect of orders of the management. But, beware, those targets should be quite rational. Performance always differ from employee to employee depending upon their individual capabilities, capacitities and work environments in which they are put to work. SO, YOU ALSO NEED TO CHECK WORK ENVIRONMENTS IN WHICH HE IS PUT TO WORK.

Amit thanks for your attachment
for termination of any employees or workers kindly read the termination policy(In factory act and labour act) before taking any action.(In termination policy - clearly mention for any action you need reason with proof).
With regards,
Sameer K Ghosh

Apart from the points brought, you have to give the money for accumulative leave for the year / pasts years as the your company's policy. And, as point out by Mr Dhingra, termination should be based on the performance on set KRAs which should be noted down either by given a counselling letter or appraisal or warnings.
Rajusiachen

Dear Dhingra ji,
I agree with you that we cannot stop benefits like bonus, leave encashment etc. However, for gross misconduct of an employee in financial aspect and leaking company confidential matters, employer can forfeit such benefits and had seen such situation in the past. It seems there is a provision in the related act also and have come across the same and Iam in search of provision and will come back.