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Termination Due To Poor Performance for India

Termination Due To Poor Performance Template for India

This document serves as a formal termination letter specifically designed for the Indian jurisdiction, complying with Indian labor laws and employment regulations. It addresses the termination of employment due to documented poor performance, incorporating necessary elements such as performance history, improvement attempts, and final settlement terms. The document ensures compliance with the Industrial Disputes Act, 1947, and relevant state-specific labor laws, while maintaining a professional and legally defensible approach to employment termination. It includes provisions for notice period, final settlements, and continuing obligations, structured to meet both legal requirements and business needs.

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Termination Due To Poor Performance

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What is a Termination Due To Poor Performance?

The Termination Due To Poor Performance document is a critical human resources instrument used in the Indian business context when an employee's performance consistently falls below expected standards despite documented improvement attempts. This document is utilized after following due process, including performance improvement plans, formal warnings, and reasonable opportunity for improvement, as required under Indian employment law. It must comply with the Industrial Disputes Act, 1947, relevant state labor laws, and company policies while ensuring procedural fairness. The document includes comprehensive details about performance issues, reference to previous warnings, notice period or payment in lieu thereof, final settlement terms, and post-employment obligations. It serves as a crucial legal record of the termination decision and protects both employer and employee interests in accordance with Indian jurisdiction requirements.

What sections should be included in a Termination Due To Poor Performance?

1. Letter Header: Company letterhead, date, reference number, and mode of delivery (e.g., hand delivery, registered post)

2. Recipient Details: Employee's name, ID, designation, and department

3. Subject Line: Clear indication of the letter's purpose - Notice of Termination of Employment

4. Performance History Reference: Brief summary of performance issues, previous warnings, and improvement plans

5. Termination Decision: Clear statement of the termination decision and its basis in poor performance

6. Notice Period: Specification of notice period or payment in lieu of notice as per employment contract

7. Handover Requirements: Instructions for handover of work, company property, and documents

8. Final Settlement: Information about final settlement, including salary, benefits, and other dues

9. Confidentiality Reminder: Reminder of continuing obligations regarding confidentiality and company information

10. Closing: Professional closing with contact information for HR department

What sections are optional to include in a Termination Due To Poor Performance?

1. Garden Leave: Section specifying garden leave terms if applicable for senior positions

2. Non-Compete Reminder: Reminder of non-compete obligations if part of original employment agreement

3. Outplacement Support: Details of any outplacement support offered by the company

4. Appeal Process: Information about internal appeal procedures if company policy allows

5. Reference Policy: Company's policy on providing references for future employment

6. Benefits Continuation: Details about continuation or termination of benefits like health insurance

What schedules should be included in a Termination Due To Poor Performance?

1. Performance Improvement Plan History: Chronological list of PIPs issued and outcomes

2. Warning Letters: Copies of previous warning letters issued

3. Performance Review Documents: Relevant performance review documents showing sustained poor performance

4. Handover Checklist: Detailed checklist of items and responsibilities to be handed over

5. Final Settlement Calculation: Detailed breakdown of final settlement amounts including salary, benefits, and deductions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions

























Clauses
























Relevant Industries

Information Technology

Banking and Financial Services

Manufacturing

Retail

Healthcare

Telecommunications

Professional Services

Education

Hospitality

E-commerce

Construction

Automotive

Pharmaceutical

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Industrial Relations

Operations

Administration

Relevant Roles

Human Resources Manager

HR Director

Department Head

Line Manager

Senior Manager

Chief Human Resources Officer

HR Business Partner

Employee Relations Manager

Legal Counsel

HR Operations Manager

HR Specialist

HR Administrator

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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