Increment revoked due to poor performance

Ask the Community Statutory Compliance
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1

I have an inquiry on employee increment termination. There was an employee who went on maternity leave post her performance review, and due to which we promised that we would give her the increment after she completes her one-year tenure. However, her performance was very poor and the management decides to terminate her post her maternity leave with 30 days of notice. The following are the concerns listed below:

  1. Can the employer terminate the increment letter considering her performance rating given before maternity leave?
  2. If so, yes, then should we need any acknowledgment from her on the same mail?
  3. Can she fight back for her 6 months the incremented amount, as we are asking her to resign? Is there any legality involved if we do so?

Kindly suggest to us what else can be done to avoid any issues in the future.

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2

You mentioned that you promised her an increment post her performance review. If so, that commitment has to be honoured.

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3

The promise was not with standing performance factor?

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