Can ask employee to resign at her own accord if didn't achieve sales for 2 years?

Question

Hi all, need your urgent and precious reply. I have 1 employee, she does not achieve any sales at all in these 2 years, so I have given her a timeline. She has agreed that if she still does not achieve any sales, she will resign on her own accord. So now I'm writing her an email on her verbal confirmation (as below), need your kind advise whether I can put official statement on this please because I afraid she will take this statement to legal case. Thank you so much in advance and very much appreciated!

"Do not achieve sales target of RM5,000,000.00 per year, as per discussion on 29 August 2019, you have agreed the timeline that as of 31 January 2020, if you still do not achieve any sales target, you will resign at your own accord."

Nadya · Answer

Dont u hv a agreed sales target to achieve? Normally there shud be and its an achievable target. Sometimes eyer do hv the tendency of giving a mountain sales target which is non achievable. If u hv this, do not put it on paper.  When I was working with an automotive co, we have a sales target of 9 cars within 3 consecutive months. Its up to them how to achieve it. There on the sales target piece of paper, we indicate 1. Sales target 2. Duration 3. 2nd Chance if they failed, depending on effort shown and  should they failed, then their contract is frustrated and they will be given notice of termination.  Every month we monitor and issue them with a formal letter indicating where they are and how they can improve and what is the implication if still fail. Alhamdulillah, never come across anybody challenging it

Joseph Lim Guoyan · Answer

Don't put anything that JTK can use it against your company.  If want her to resign.. then talk... No black n white.

Ahmad Irfan · Answer

No warning letter was given but we are conducting pip by monthly basis

KY0211 · Answer

Cool... She will have a written notification from you... Forcing her to resign

Huan Ern · Answer

she has been with the company for 2 years.... not a short time... and in that 2 years, company didn't give any warning at all on her performance.  Which means that company is "okay" with her current performance... Then, suddenly, wants to terminate her... I agree with above statement... provide frustration of contract letter instead.  But, if she wants to resign... then let her resign... as long as you don't write to her for her resignation letter...

Aarav · Answer

Word it nicely. Not a problem.  But make sure it is a target that is achievable.

Haris · Answer

What is your company policy?  Have you given her warning letters?? Any performance improvement plan??