Pil against performance improvement plan (pip)

puneet (Querist) 10 April 2014 This query is : Resolved
Hi All,

Some of the IT companies managers are making misuse of Performance Improvement Plan(PIP).

Utilizing it as a tool for the harassment\termination of employment

I want to stop this practice in India/Karnataka.

Can any one guide me. How to proceed.
Lawyers who can help me achieving my aim.
Please give the contact details.

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Devajyoti Barman (Expert) 10 April 2014
No PIL lies against private organisation. Writ jurisdiction lies against State or its Instrumentality only.

You can serve this cause by highlighting in media arranging Press Conference only if you have prima facie proof to support your allegations.Mere verbal allegations will not do.
Legal remedy in private organisations is not efficacious and it is time consuming too.

Guest (Expert) 10 April 2014
What type of evidence you have against the misuse of PIP and the No. of companies by which misuse made?

ajay sethi (Expert) 10 April 2014
no PIL is maintainable against private companies

Kumar Doab (Expert) 10 April 2014
You are right. This practice is prevalent.

Generate evidence.Record.

BE SMART.

Download PIP policy, KRA's, Obj.Vs Performance data.............and any other record that shall be relevant.

Performance is dependent on various factors and is not an easy task to prove.

The IT/ITeS employees are uniting. Trade Unions have embraced them.Employees unions in companies can form 'Works Committees'and employee can escalate to such issues committees and unions.

http://www.itecentre.co.in/
http://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook

UNITES Professionals
www.unitespro.org
http://www.wbitsa.org/
www.itpfindia.org/‎
http://itnitesunion.wordpress.com/author/itnitesunion/

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com

________________________________________
http://www.shivsena.org

http://www.amrc.org.hk/node/1088 CBPOP
http://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
http://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

http://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

The Lawful authorities, court of law can be approached..............

Inspector under Shops and Commercial Establishments Act, O/o Labor Commissioner, Court of Law

Rajendra K Goyal (Expert) 10 April 2014
No PIL lies in such cases. Private organizations if go against the rule of law they can be sued in court of law.

T. Kalaiselvan, Advocate (Expert) 10 April 2014
I agree with the experts opinion that a PIL will not be maintainable against the private companies. If the private companies are found to misuse the law and create problems to the employees, legal recourse through court of law can be be initiated. Mr.Barman's suggestion will also be effective.

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