Has the employer stated in the appointment letter what performance is expected from employee or performance parameters and has the employer used terms like KRA's etc.......and has it mentioned if performance is not satisfactory service can be terminated?
Is the fall or shortfall in performance uniform and universal in the company across all employees in branch/office, area, region, zone, pan India? What are the reasons for less/low performance? Has the employer ever issued any communication, email, circular, tracker, stinker, warning, show cause notice etc?
Has the line management ever attempted to support, pitch in, provided some tailor made strategies, refined plans, inputs, budget, promotional inputs, managerial support, value addition, training, new products in line with changing market scenario, competition etc…? Is the company and its products are competitive and do they provide some value addition, worth the money of the customer?
Has the company ever conducted some PMP?
What is the expectation from employee: formulation of strategies or just implementation of strategies? It is said there is a big slump across all trades now a days. In some trades the companies want only few employees with vintage and such employees are those who have mastered the art of selling comb to a baldie and are all weather men otherwise employers want fresh blood/son of the soil/ personnel from different trades e.g. Insurance companies, Private Banks which sell everything under one roof, as new entrants shall bring their social circle and family relation with them and they would not be knowing the nuisances of tricks applied by companies and by the time they are aware they would have good for nothing products of these companies to all of their contacts and when they have exhausted their contacts they easily fall prey to the tactics applied by these companies and end up loosing the job without any fight.
If the employee in question is in Pharma sector he/she can approach his/her trade union and “Sales Promotion Employee Act” is there along with ID Act. If it is Bank/Insurance company SE Act, ID Act are there or employee can approach civil suite.
Until or unless performance is utterly poor and employee has committed some blunder, there shall be some relief for the employee. It shall be appropriate to build favorable record, evidence, and retain copies and approach a competent and experienced labor consultant/service lawyer.