Can I add the point on the appointment letter "if the performance is found to be unsatisfactory, then services could be terminated, without notice and without assigning any reasons." Is it legal or illegal? Kindly give me some suggestions.
From India, Bhubaneswar
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1From India, Bhubaneswar
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Dear All,
Can I add the point on the appointment letter stating that if the performance is found to be unsatisfactory, then services could be terminated without notice and without assigning any reasons? Is this legal or illegal? Kindly give me some suggestions.
Best Regards,
Nilanchala Das
HR Manager
Vatsalya Empire Ventures Pvt Ltd.
From India, Bhubaneswar
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Can I add the point on the appointment letter stating that if the performance is found to be unsatisfactory, then services could be terminated without notice and without assigning any reasons? Is this legal or illegal? Kindly give me some suggestions.
Best Regards,
Nilanchala Das
HR Manager
Vatsalya Empire Ventures Pvt Ltd.
From India, Bhubaneswar
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Dear Nilanchala Das, there is nothing wrong with terminating services if the performance is unsatisfactory. However, under the provisions of Article 025 of the constitution, following the principles of natural justice is mandatory. To adhere to these principles, it is essential to conduct a domestic enquiry.
Therefore, you should not include a statement in the appointment letter such as "if the performance is found to be unsatisfactory, then services could be terminated without notice and without assigning any reasons." This practice is illegal.
Thanks,
Dinesh Divekar
From India, Bangalore
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Therefore, you should not include a statement in the appointment letter such as "if the performance is found to be unsatisfactory, then services could be terminated without notice and without assigning any reasons." This practice is illegal.
Thanks,
Dinesh Divekar
From India, Bangalore
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Appointment Letter.docx