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yesp (dm)     29 November 2012

Performance improvement plan

Hello,


I work for a private company, i have risgned a month back and now i am serving my notice period of 90 days. My boss is now threatening me that we will put me under Performance Improvement Plan(PIP). When i questioned him that my resignation was also accepted and my releiving date has also been confirmed,He repleid that there is provision to put an employee in PIP eventhough the employee has resigned. Kindly help to understand the process, and can i fight him if he implements the PIP on me.


Thanks,

YESP



Learning

 2 Replies

Kumar Doab (FIN)     29 November 2012

Are there any issues between you and your boss? Apparently your boss wants to hurt you where it hits. Apparently he wants to include your name so that in reference check some adverse comments can be posted against you or to cause termination or to harass you so that you tender resignation with immediate effect and your dues can be squared off in FNF statement and thus he can show that he has saved some money of the company.

In some industry and some companies it is expected from bosses and it counts in their so called performance. May be your boss is also facing poor performance and wants to show performance on such counts and save his job.

Obtain printout of the “Performance Improvement Plan (PIP)” from employee portal/HR portal of the company or from concerned HR personnel. Find out who are the stake holders in PIP e.g. who can initiate? What are the parameters for inclusion in PIP? Who has to approve the inclusion e.g. which boss of your boss and HR personnel involved in it?

Either you patch up with your boss or apply your goodwill, rapport, and skills of persuasion, persistence, negotiation, reasoning to the exceptional level and manage to escape from the list and do not fall under the axe, and approach even higher bosses and HR. Let their be a word that you are not to be included in PIP. This shall be the best option as you shall get relieving letter, FNF settlement without any struggle and issues.

Having issued acceptance of resignation if now company includes you in PIP it shall be clear zealous and vindictive approach. But are you willing to agitate?

Another point is that in today’s market scenario some companies do not mind PIP etc as attrition is an issue, and show is to be run.

In majority of the companies PIP is a disguise and is framed to include employees chosen for separation.

Ideally PIP should be aimed at diagnosing the reasons why an employee is not able to deliver the performance expected from employee in the dept, division…..function of the employee or tasks assigned to him, and address his training needs so that he can be trained and developed to perform better up to the expectations of the company.

This is also to satisfy the labor laws claiming that company did its best for the employee.

Banking, Insurance, telecom companies are amongst the ones who exercise PIP as they feel that employee has exhausted all of his links and now does not have anyone left in his social circle to sell the products of company {good or bad} and now fresh blood should be inducted. The new employees shall also cost less.

The employees who become competent to sell in the secondary market without having any feeling for worthiness of the product and benefit to customer can stay.

This is also a tool which is abused by the line management and HR to subdue the employees and shunt them out by forcing resignation, inserting adverse comments in personnel file with zealous and vindictive mindset.

Notice period is counted in service period. Employee has to perform regular duties during notice period also.

You can not force the company to include or exclude you from PIP.

If company is hell bent it may not think twice to step on your toes.

 

Be smart.

 

 

Kumar Doab (FIN)     02 December 2012

Employee should record such transactions {audio/visual. Mobile comes handy}, and keep some evidence witness. If there are many employees in the hit list for Verbal Challenge/PIP, each may agree to witness to each other and thus defend each other.

It has been seen that companies push for inclusion in PIP on mass scale. If the reason for inclusion in PIP is performance Vs target and dip in performance Vs target is uniform and universal pan India/all offices/your branch- region-zone, then one individual employee should not be singled out.

In PIP policy Sheet Company might have included steps to PIP e.g. Verbal Challenge, training for PIP employees and may ask you to sign some formats/sheets, on the spot, jointly with your boss. You are within your rights to ask for time to go thru the formats and targets assigned to you and even ask for soft copy and hard copy of policy on Verbal Challenge and PIP, and if the same is not provided you may write {under acknowledgment} to get it. Later you can write reminders again if same is not provided to you. Then you can point out your views on the policy and claim that your performance is not below the ratings and you should not be included in Verbal Challenge/PIP. You may obtain printout of all representations even these are by email. Since this is a personnel matter you may communicate from your personal email id as later company may block access to official email id and lay not allow you to take printouts and forward emails.

You may consult elders in the family, competent and experienced well wishers, lawyer/law firm and let them structure and draft your representations. This is the time when employee should not haste. An ill informed employee is like a sitting duck and can be easily exploited. You should be able to handle the matter and resolve it in your favor while in employment. Be smart.

Smart consulting.

Later if you are not left with any other option then your representations under proper acknowledgment, record, data, documents, evidences, recordings, witnesses etc can come to your rescue. Verbal/emotional outbursts may not count much.

Employee{s} has the option of lodging a grievance in grievance redressal mechanism of the company in writing under acknowledgment, however all evidences/documents/data should be carefully presented as company shall not agree easily that it had erred and bosses were wrong even if they were wrong.

In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Do not conceal anything from your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman. Your lawyer may opine that the subject matter has limitation period of three years.Your lawyer may have some judgements to support your cause.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

Valuable advice of learned experts/members is sought.

 

 


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