What exactly is your objective: to get incremental increase in salary and resign or agitate for termination?
Since you have been sounded on separation first of all firm up your next venture as ap. Then gather all relevant documents to establish that you are being vindicated.
Let us assume that company agrees to grant min. increment as per some of its policy say Rs.150/ would that be acceptable and palatable for you to stay?
You have posted that:
------“they mention that next salary revised will on January 2013.’
Is it stated in writing?
Is it stated in appointment letter, standing orders of the company, service rules, any of the communication even if by email that periodic appraisals shall be conducted, increments shall be given on annual/half yearly basis etc………………….
Has the company confirmed your services in writing?
--------“In my case my review meeting was held in April 2013 instead of jan 2013 due to organization delay or process”
If the review meeting etc is stated in service conditions/service rules then bosses in the company/employer is duty bound to conduct it in time.
-------“they have told me that you have resign yourself otherwise we will terminate you, such decision declared infront of me on August 2013.”
Coercing/threatening/intimidating/forcing the employee to write down his resignation is offence. It can be claimed as deemed termination.
Have you submitted any minutes in writing to ‘Works Committee’, ‘Head-Grievance Redressal Mechanism’, good offices of appointing authority, MD, CEO, Company Secretary that you were threatened to resign or you shall be terminated…………………………………………and do you have any evidence, witness, proof to establish if company conducts any inquiry…………………
Employee should record such transactions (audio/visual) and keep evidence, witness.
If possible at your end record now.
Trade unions, employee’s unions/committees can help in such cases. If you are not member of any such forum it is better to be with one and be properly informed on rights and procedures.
The line managers/HR personnel who act on behalf of employer and indulge in such activities should not be spared.
-------“ , are they terminate me just based on low performance ?”
Who can stop an adamant and recalcitrant employer?
If you feel that order of termination is bad, you can agitate in appropriate forum applicable to you………………………….
Performance or achievement of targets/KRA’s , Tgt Vs Perf., can be dependant on various factors. If the dip in performance is in uniform and universal amongst all offices, divisions, areas, regions, zones or due to factors beyond control of employee e.g; poor quality, non availability of spares, poor results, bad service, uncompetitive pricing, etc………………an individual should not be isolated and targeted.
Proper opportunity of hearing, natural justice should be granted to employee.
What has happened in your case? Has the company issued any stinkers/notices/show cause notices etc to you?
As per record and data available with you how was your performance? It is time to obtain all relevant record pertaining to your case.
In addition to the Industrial Disputes Act, 1947, several states provide for compliances under the Shops & Establishment Acts, Standing Orders Act, and the employee covered by these enactments, would be protected up to that extent.
Or civil suit for damages can be the option. Reinstatement in a civil suite is discretion of the court and may be a distant dream.
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer with copies of all documents available with you, give inputs in person, and proceed under expert advice.
