PIP PIP

2 months ago

A Employee Notice period can we wave off during the PIP.

Anik

Responded 2 months ago

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A.Dear Client,

In the absence of a stipulated condition in the employment contract authorizing the employer to waive a notice period or provide payment in lieu of notice, it is generally not permissible to unilaterally waive an employee's notice period without their consent. This is particularly important when the employee is placed under a Performance Improvement Plan (PIP) to enhance their performance and retain their position.

A Performance Improvement Plan (PIP), also referred to as a performance action plan, is a constructive tool that offers employees facing performance challenges an opportunity to address and rectify deficiencies. The implementation of a PIP demonstrates good employment practices and provides a structured approach to help the employee succeed in their role. Any decision to modify the notice period or address employment terms during a PIP should be made in accordance with the terms of the employment contract and with the employee's agreement.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Unless a condition is stipulated in the contract of employment authorizing an employer to waive a notice period or pay in lieu of notice, you cannot waive a notice period of an employee without his consent especially when he is put under a Performance Improvement Plan(PIP) to improve his or her performance to save the job. A performance improvement plan (PIP), also known as a performance action plan, is a good practice and a tool to give an employee with performance deficiencies the opportunity to succeed.
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Vidhi Samaadhaan Vidhi Samaadhaan

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