Annual rating and bonus

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Querist : Anonymous (Querist)
29 April 2018

I work in a private Bank from last 7 years. This year my seniors has given me a low performance rating resulting in no salary increment, no annual bonus and no promotion.
The discrimination can be due to personal reason which are still unknown. But annual rating and bonus is dependent of 5 key parameters and my score is 101% achievement, still people with lower achievement between 50% to 95% are getting better rating and bonus and I am asked to improve. What to improve is still a question as beyond 100% is my achievement for this year.
How can Indian law support me against this discrimination.


KISHAN DUTT RETD JUDGE (Expert)
29 April 2018

Dear Sir,
If it a IT/MNC company then the Govt. has extending from time to time and not applying the labor laws. You may try approaching High Court. You may also approach labor office. Or approach the some recognized NGOs who are working with such problems.
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LABOUR LAWS NOT APPLICABLE IN KARNATAKA AND OTHER STATES
Dear Sir,
Karnataka Government has renewed the blanket cover to IT Industries for a period of five years in 2013 from the provisions of The Industrial Employment (Standing Orders) Act 1946. The act requires employers to define and inform workers the terms and conditions of employment on their premises. Such an exemption is not available anywhere else in India. Also since labour laws apply to category of establishment, Factories Act is not applicable.
Apart from it , central government in order to boost Startups have exempted them from 9 labour laws for a period of 3 years. these laws are :
1. Industrial Disputes Act, 1947
2. Trade Unions Act, 1926
3. Building and Other Constructions Workers' (Regulation of Employment and Conditions of Service) Act,1996
4. Industrial Employment(Standing Orders) Act, 1946.
5. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979,
6. Payment of Gratuity Act, 1972,
7. Contract Labour (Regulation and Abolition) Act, 1970,
8. Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and
9. Employees' State Insurance Act, 1948.

Kumar Doab (Expert)
29 April 2018

Which are all 5 key parameters…?
Do you have the copy of appraisal signed with you, policy of appraisal and KRA’s and record of performance..?

Kumar Doab (Expert)
29 April 2018

Generically speaking; IT is to show onset of intention of bosses and establishment to eject the employee.
If there is Grievance Redressal Mechanism (which is usually three in banks) and Union of employees you can take their view..
Or if you wish you can submit your view based on set parameters and ask to review and correct the ratings..
You are closest to the situation and nature and intent of bosses and management , HR in establishment and very well judge yourself the next course……………
IT may be ………………may be step by step take you close to separation by resignation or termination….OR to bring genuine improvement on other 4 parameters!
Have you discussed with a very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with LOCAL applicable banking rules/laws/precedence’s and having successful track record…. and worth his/her salt

Kumar Doab (Expert)
29 April 2018

Pls post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.



Dr J C Vashista (Expert)
30 April 2018

If you are seeking obligation from experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an anonymous author.

Ms.Usha Kapoor (Expert)
30 April 2018

I agree with Mr.Kishan Dutt.



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