Termination Letter For Poor Performance for India

Termination Letter For Poor Performance Template for India

A termination letter for poor performance is a formal document used in India to officially end employment due to unsatisfactory work performance. This document must comply with Indian labor laws, including the Industrial Disputes Act 1947 and relevant state-specific regulations. It documents the performance issues, references previous warnings or improvement plans, and outlines the terms of separation including notice period, final settlement, and return of company property. The letter serves as a legal record of the termination decision and protects both employer and employee interests by ensuring transparency and compliance with statutory requirements.

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What is a Termination Letter For Poor Performance?

The Termination Letter For Poor Performance is a crucial HR document used in the Indian business context when an employee's performance fails to meet required standards despite previous interventions. This document is prepared after documented performance issues, formal warnings, and usually following a Performance Improvement Plan (PIP). It must align with Indian labor laws, including the Industrial Disputes Act 1947, and relevant state-specific regulations. The letter should detail the performance issues, reference previous communications, specify the notice period or payment in lieu thereof, and outline the final settlement terms. It serves both as a legal document protecting the company's interests and as a formal communication to the employee about the termination decision and next steps. The document is particularly important in India's employee-protective legal environment, where proper documentation and fair procedure are essential for defending termination decisions.

What sections should be included in a Termination Letter For Poor Performance?

1. Company Letterhead and Date: Official company letterhead with complete contact information and date of the letter

2. Employee Information: Full name, employee ID, designation, and department of the employee

3. Subject Line: Clear indication that this is a termination letter

4. Performance Issue Summary: Brief but specific outline of the performance issues that led to this decision

5. Previous Communications Reference: References to prior performance reviews, warnings, improvement plans, and coaching attempts

6. Termination Statement: Clear statement of termination decision and effective date

7. Notice Period/Payment: Details of notice period or payment in lieu of notice

8. Final Settlement: Information about final salary, unused leave encashment, and other dues

9. Company Property Return: List of company properties to be returned and process for return

10. Signature Block: Space for authorized signatory with name and designation

What sections are optional to include in a Termination Letter For Poor Performance?

1. Severance Package: Include when additional severance benefits are being offered beyond statutory requirements

2. Post-Employment Restrictions: Include when reminding about non-compete, confidentiality, or other ongoing obligations

3. Outplacement Support: Include when company is offering career transition assistance

4. Benefits Continuation: Include when there are specific arrangements for insurance or other benefits post-termination

5. Appeal Process: Include when company policy allows for formal appeals of termination decisions

6. References: Include when specifying company policy regarding future employment references

What schedules should be included in a Termination Letter For Poor Performance?

1. Performance Review History: Chronological list of performance reviews, ratings, and key issues

2. Warning Letters: Copies of all formal warnings issued

3. Performance Improvement Plan: Copy of PIP and documentation of follow-up meetings

4. Final Settlement Calculation: Detailed breakdown of all final payments and deductions

5. Company Property Checklist: Itemized list of company assets to be returned

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Termination Notice

Cost

Free to use
Relevant Industries

Information Technology

Manufacturing

Financial Services

Healthcare

Retail

Telecommunications

Professional Services

Education

Construction

Hospitality

Banking

Insurance

E-commerce

Pharmaceuticals

Automotive

Relevant Teams

Human Resources

Legal

Operations

Management

Administration

Corporate Affairs

Employee Relations

Compliance

Risk Management

Relevant Roles

HR Manager

HR Director

HR Business Partner

Employment Law Specialist

HR Operations Manager

Department Manager

Team Leader

Senior Manager

Managing Director

CEO

Operations Director

Regional Manager

Branch Manager

Unit Head

General Manager

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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