Notice Period Dilemma: Can Companies Enforce It Without Offering a Pay Option?

Can anyone confirm if, when an employee is performing below expectations, the company can enforce a notice period without offering the option to pay a notice recovery amount?

Did the employee request a notice period waiver? I am trying to understand why you raised this question.

Importance of Notice Period

Notice period helps with knowledge transfer. As an employer or management team, optimize this duration for a seamless transition. Every employee agrees to serve the notice period when they sign and accept the appointment letter, which includes the exit clause. It remains an employer's prerogative to consider waiving it off due to humanitarian reasons.

Please consider the notice period similarly. If the employee had requested a waiver, and the performance remains below standard, serving the duration may not help anyone.

Looking forward to hearing from you.

Well, it seems to me that you are an employee who has been asked to leave the position because your employer found you to be an underperformer or that you were not performing according to their expectations.

Review Your Appointment Letter

If I am correct, you need to review your appointment letter first and provide us with the details. The terms and conditions of the notice period specified in this regard are crucial, as they will enable us to provide a more appropriate response.

Additionally, I echo Ms. (Cite Contribution)'s point and would like to remind you that you have agreed to the terms and conditions of employment by signing the appointment letter, which represents a mutual agreement between both parties (Employee and Employer). If your appointment letter allows the employer to terminate your position due to underperformance, even after being given opportunities to improve, you must leave without expecting notice period benefits in this situation.

I hope this clarifies things for you. However, if you still have any questions, please provide more details as requested above by her and myself as well.

Dear Sir, I am presenting a scenario and have some questions; please do not assume that I am an underperformer. Good performance stems from your own goals and motivation, which are influenced by various conditions. My question remains unanswered: if an employee is considered an underperformer, why is there a need to serve a notice period?

In such a case, the employer should either pay the employee the notice period amount or waive the notice period and release them with immediate effect. If the employer fails to do so, it may be due to deliberate actions or personal reasons, such as the immediate boss unfairly labeling the employee as an underperformer. Therefore, I would like to understand what labor laws stipulate. Some companies do not adhere to labor laws and subject employees to work without increment, causing harassment.

I seek clarity on this matter.

The Concept Behind the Notice Period

1. Notice is on either side.
2. Notice is to facilitate both management to look for a substitute to not hamper the work and the employee to look for an alternative to not suffer for livelihood.
3. The notice period can either be waived or compensated.

Question in Reference

Should a bad performer be allowed to work during the notice period?

"Guiding a blind horse further is of no use." If the employee resigns, waiving the notice period is best, as we can take the horse to the pond but cannot make it drink. We may insist a resigned employee work during the notice period, but they may neither work nor contribute positively, and at the same time, there is a possibility of spoiling the work atmosphere. If the management issues a notice for their bad performance, let the notice period be waived and relieve them from services. If not, it would be better if the management issues a reasonable time, if it feels so, to improve their performance.