Hi,
We need to let a person go as his performance is way below standards. We put him on a 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 being 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.
Regards,
RJ
From India, Mumbai
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1We need to let a person go as his performance is way below standards. We put him on a 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 being 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.
Regards,
RJ
From India, Mumbai
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Dear RJ,
When the employee's performance was not up to the desired level, you placed him under a PIP. But how did you communicate that you had placed him under a PIP? Did you explain what would happen if his performance did not improve even with coaching, on-the-job feedback, etc.?
Technically, the request by the employee is correct. If you had issued explicit communication stating that his performance review would be conducted upon completion of the PIP, and if it was found unsatisfactory, then his services would be terminated without a notice period, the request by the employee would not have been valid. Indirectly, your communication could have clarified that the PIP and notice period would be combined, with the notice period being in addition to the PIP period.
Therefore, review the letter that you issued to the employee. I also see this as a gap in the Policy on Performance Management System (PMS) or the Policy on Performance Appraisal (PA). These aspects are typically anticipated and addressed in the policy itself. For further queries, feel free to contact me.
Thanks,
Dinesh Divekar
From India, Bangalore
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When the employee's performance was not up to the desired level, you placed him under a PIP. But how did you communicate that you had placed him under a PIP? Did you explain what would happen if his performance did not improve even with coaching, on-the-job feedback, etc.?
Technically, the request by the employee is correct. If you had issued explicit communication stating that his performance review would be conducted upon completion of the PIP, and if it was found unsatisfactory, then his services would be terminated without a notice period, the request by the employee would not have been valid. Indirectly, your communication could have clarified that the PIP and notice period would be combined, with the notice period being in addition to the PIP period.
Therefore, review the letter that you issued to the employee. I also see this as a gap in the Policy on Performance Management System (PMS) or the Policy on Performance Appraisal (PA). These aspects are typically anticipated and addressed in the policy itself. For further queries, feel free to contact me.
Thanks,
Dinesh Divekar
From India, Bangalore
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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
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From India, Chennai
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PIP is not equivalent to a notice period. If the reviewer decides on termination at the 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 handshake.
From India, Karnal
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From India, Karnal
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Dear RJ,
I suggest not including such a clause in your PIP system because the employee is being let go due to poor performance. Finding a job for candidates like him will be very difficult. Therefore, if he works for the 1/2/3 month 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
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I suggest not including such a clause in your PIP system because the employee is being let go due to poor performance. Finding a job for candidates like him will be very difficult. Therefore, if he works for the 1/2/3 month 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
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No, your contention is wrong.
You cannot merge notice period merged with the PIP. If you were doing that, the employee would be searching for a job throughout that entire period of the performance improvement plan. Your PIP would 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 discover the employee does not want to stay.
Legally and morally, you need to give him the standard notice period, but you will probably be willing to relieve him early if he finds a job.
From India, Mumbai
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You cannot merge notice period merged with the PIP. If you were doing that, the employee would be searching for a job throughout that entire period of the performance improvement plan. Your PIP would 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 discover the employee does not want to stay.
Legally and morally, you need to give him the standard notice period, but you will probably be willing to relieve him early if he finds a job.
From India, Mumbai
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I endorse the views of Mr.Saswata Banerjee. It need to be mutually supportive, beneficial, morally, ethically and legally correct also.
From India, Chennai
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From India, Chennai
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Hello RJ,
Is this employee under "probation period" or a "confirmed employee"? In either case, you 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 need to do.
Regards,
A.B.
From India, Mumbai
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Is this employee under "probation period" or a "confirmed employee"? In either case, you 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 need to do.
Regards,
A.B.
From India, Mumbai
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Dear RJ,
It is always better to mention the following clause in the PIP mail to the employee:
"Once you achieve the expectations, you will continue as before. Otherwise, this also serves as the notice period, and you will be relieved from services at the end of the PIP period due to non-performance."
Thank you.
From India, Bengaluru
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It is always better to mention the following clause in the PIP mail to the employee:
"Once you achieve the expectations, you will continue as before. Otherwise, this also serves as the notice period, and you will be relieved from services at the end of the PIP period due to non-performance."
Thank you.
From India, Bengaluru
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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 an indirect message of giving notice.
The objective of PIP is to give positive efforts on employee's performance for him to stay back and improve continuously. The tasks assigned during that time and feedback have to be monitored and recorded.
Notice period is exclusive to PIP and hence the minimum days of notice must be extended to the employee in case he fails in PIP. Consider such cases as an input to your termination guidelines document.
Regards,
Hiral Mehta
From India, Ahmedabad
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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 an indirect message of giving notice.
The objective of PIP is to give positive efforts on employee's performance for him to stay back and improve continuously. The tasks assigned during that time and feedback have to be monitored and recorded.
Notice period is exclusive to PIP and hence the minimum days of notice must be extended to the employee in case he fails in PIP. Consider such cases as an input to your termination guidelines document.
Regards,
Hiral Mehta
From India, Ahmedabad
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Performance Improvement Plan.doc