Mr Hashim M

3 years ago

Dears Sir,

A particular employee was hired for a Job and he was in Probation. The Job also required client handling and doing sales pitch but he declined to do that. During the probation period most of the time he was at home and when he was asked to come to office he used to report 2 - 3 hours late and used to sit idle for 4 - 6 hours (his total time at work), plus he has instances of insubordination against him and wilful negligent work is also seen, when tasks were assigned. And subsequently he was terminated.

The service agreement letter clearly states that :
*In case you have been fired by the management due to lack of performance or your work has not match up to the mark of the management, your salary/expense won’t be paid*

Performance Clause :

During the course of your employment you will be evaluated/ assessed on the basis of your performance of your employment with the company. The company at any time shall withhold your remuneration/receivables, if it is of the opinion that your performance/or your effort was not genuine to the tasks/targets so provided to you at the inception of month

It is also stated that the company is not obliged in any manner to pay your remuneration/ receivables that is outstanding if in that particular month/time span your performance is not up to the mark.

Now he is demanding full salary or he is now threatening a legal case. Are we still liable to pay his full salary?