Termination on poor performance
Joseph Cyriac
(Querist) 07 July 2015
This query is : Resolved
Dear sir ,
I am a 42 year old graduate. I was working with a company ( Private Ltd ) for 7 months. I was not given any offer or appointment letter,(only a break-up of the salary was provided) since the HR lady who recruited me was frequently traveling and when I informed my manager who is the Vice President of the company also didn't do anything to get this done. After 4 months , I was informed that I was on 3 months probation and I had not done well during the period and my probation period is extended by 3 more months. I was told that I will be given another 3 months time to prove my performance. June 8th was the date given for my review. However on June 24th I was told that I have to quit and will be given 15 to 20 days or a maximum of 30 days to find another job.
Please advise me what can be done and any claim for damages that can me made.It is difficult to find any other job due to my age (42 Years). I had requested the company to assess my skills and provide me a position in any other department , which they do not seem to be in favour of doing.
Kindly provide me a very amicable resolution since I have aged parents and 2 kids to take care.
Thank you- Joseph
Guest
(Expert) 07 July 2015
You may better discuss your case in person by taking personal appointment and showing your service related papers and other background of the case.
P. Venu
(Expert) 07 July 2015
Being under probation, there is hardly any l3gal remedy. As you had suggested try for an amicable solution without compromising your dignity.
Rajendra K Goyal
(Expert) 07 July 2015
Legal remedy may not be helpful, discuss personally.
Kumar Doab
(Expert) 08 July 2015
Your age has nothing to do with case.
SO called Poor Performance is not that easy to prove.
You have been asked to resign, so there is a dispute and you can approach your counsels and lawful authority now.
Certainly careful examination of your service record (whatever you have) and inputs by you, Tgt Vs Perf. Data etc shall help you.
Your counsel can draft your representations so as to build favorable written record and also provide tips to negotiate and achieve some handle on employer and remain in employment ON SALARY till you find another suitable employment.
Do you have any evidence that you are being forced to resign?
What is this establishment registered as: Commercial,Industrial?
The Division/Dept./office where you were located last is: registered as: Commercial,Industrial?
How many maximum persons are employed in it at any point of time, before and after your resignation?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What is your designation and nature of duties?
Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?
Is there any written record that your probation period has been extended?
Have you signed any appraisal?
Has your KRA’s, targets been communicated to you in writing? Do you have performance data?
Does the establishment have its certified standing orders and is your designation covered by it or Model Standing orders apply to it?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, etc?
How was your monthly salary paid: by cash with signature on voucher (with a copy to you), cheque, DD, in bank a/c etc?
Was any salary slip of each month, PF number with a/c slips,ESIC card,Form16, I.Card given to you?
Are you a member of any employee’s/Trade Unions?
