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anie.hr
1

Dear all Senior,
I want a suggestion that, can any appointment letter include termination clause in it, for ex.my retail head want to include the clause if any sales staff fails to achieve the sales target for consecutively three month they will be terminated.
I want to know whether is sensible or legal to mention this in the appointment letter.
Regards,
Anee

From India, Mumbai
saiseven
53

You can incorporate such clause in the appointment letter.Please also ensure that such clause is not in conflict with any similar clause incorporated in your company's standing orders, if any, in which case the latter will prevail. Further the language of the clause shall not be punitive in nature.
B.Saikumar
HR & Labour Law advisor
Mumbai
09930532927.

From India, Mumbai
anie.hr
1

Can we include this clause in promotion letter that, if you performance is not found to be appropriate promotion will be revoke.( intension is to make sure the promoted employee should keep on performing)
Please Guide.
Regads,
Anee

From India, Mumbai
Ramnaresh_20
11

Not required in the promotion letter, but should be mentioned in the policies and HR Manual of the company.
From India, Hyderabad
saiseven
53

If you have any promotion policy or any settlement which stipulates such condition, you can incorporate it in the promotion memo/letter. if such promotion policy or settlement is silent on this issue, you cannot stipulate it in the promotion memo since it contradicts the policy or settlement. if you do not have any promotion policy or settlement at all, you can incorporate it in the promotion memo/letter since you are putting him on notice that his promotion is subject to satisfactory performance and there is no policy or settlement prohibiting you from incorporating it.
B.Saikumar
HR & Labour Law advisor
Mumbai

From India, Mumbai
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