No increment due to KRA not filled...
Querist :
Anonymous
(Querist) 28 October 2018
This query is : Resolved
I am working with a MNC company as an Executive. I am a member of registered Staff union. There is a policy of company to fill KRA for performance appraisal. But every year we finds that there is Inappropriate, Illegal and biased appraisal system conducted . We have also consistently quoted innumerable incidents of discrimination, and unfairness while conducting the Appraisal procedures. We have objected to the violation of the course of action of appraisal system Conducted. We have raised this issue innumerable times with the HR Manager. But no reply given from management. In spite of the same they are illegally pressurizing us to fill in the KRA forms. Also management issued to letters to all not filling KRA members stating to take action and no increment to all the members. Dear Experrts pls guide me can management stop increment of all the members who not filled the kra and what action can they take against this. Our union also given reply to the letters why we are not filling kra.In majority cases KRA was forwarded for further processing without discussion (Gross violation of Company guidelines ) No performance related discussions after Ratings to explain how ratings were arrived at . (Gross violation of Company guidelines ) In 2017 deliberate attempts have been made by the Functional Manager to give a lower rating than what is deserved to many of our staff. This unwelcome conduct of the Functional Manager amounts to harassment at workplace. Pls help
Isaac Gabriel
(Expert) 28 October 2018
You ar working under Private company , the staff members are at the mercy of the Management.If at all aa decision is made not to grant annual increment to employees owing to obvious reasons, you have no other go except to direct action, strike, lay off etc.,As this is phenomenon faced by all, individual murmuring will be of no use.I suppose fearing consequeces, you have chosen to hide your name. Be confident to face calamities for disclosing identity when it will bring laurel.
KISHAN DUTT KALASKAR
(Expert) 28 October 2018
Dear Sir,
Your issue can be raised before Labor Commissioner under section 12 of I D Act as follows.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista
(Expert) 29 October 2018
Anonymous author is not obliged by experts as per rule of this platform.
Consult a local prudent lawyer for professional service.
P. Venu
(Expert) 12 November 2018
Yes, it is fact that skewed KRA assessment can play havoc with Performance Assessment. However, the query does not mention any specifics as to disagreement in KRA. A brief description could have enriched the discussion.
