Termination due to non performance

1. Yes, if they terminate you then they are bound to give you three months salary. You should not give your resignation. Poor performance may only effect promotion chances.  Try and improve your skills. This is job that you will not get again. Be tactful and have cordial relations with your superiors. They may and can charge your for any instance of insubordination and institute a disciplinary action which can mar your future. Change and adopt a corporate attitude and gain the confidence of your superiors. Why be stubborn and not improve your performance.

Per process they cannot terminate except on some serious misconduct. In your case it is a common performance lever and one can formulate 101 justifications which cannot be contended with ease. This weapon of performance can be tuned by HR with formal adverse inputs from your immediate supervisors and case built for action .

So, option 1 can be resignation with default 3 months. There are ample opportunities under the sun and you will find something very soon.

Option 2: Explore the Consumer forum route if you have enough evidence to justify that you are framed unfairly. But this may impact your relieving letter

My question is does 3 performance improvement plans(PIP) neccesarrily means 3 month notice period or during termination based on non performance will bank give 3 months notice or salary to confirmed employee??

Or bank will say that 3 pip itself is 3 months notice period????

Three PIP in 3 consecutive months by itself  appears skewed and  misaligned with the normal  objectives of a PIP. Normally, the PIP is meant to bring back one to track by giving time bound action plan and supported by mentoring  Are the cause of actions same in all PIP? If yes, then your mgr is violating the process. A PIP for a given cause of actions should close in a time bound manner either positive or negative. Does your bank policy say 3 PIP is equivalent to 3 months?  What is 5 PIP in one month?

On normal interpretation PIP is not construed to be a notice period. However, reading your mail, I will recommend that  you muster some some guts and resign gracefully else they may terminate (again based on your note) on some flimsy pretext. In case you need more  help feel free to call me 

Mr. FredyCharles has already illustrated the PIP.

1.     Download the PIP (performance Improvement Plan) policy and go thru it verbatim and carefully. Do you have the copy of the PIP formats signed by you?

During PIP the employer has to arrange training/mentoring by superiors and usually in PIP policy itself and PIP formats signed by you it is mentioned who shall be stakeholders in the PIP process alongwith employee. If no one has mentored/trained/supported/guided then you have to carefully insert by subsequent communications that………….NO support/coaching/guidance was provided and imaginary/unachievable/unpractical tasks were assigned to you ……….( with malafide intentions) so as to prove it later…

In the PIP policy it might have mentioned that if in three PIP attempts employee  does not improve performance employee can be terminated…..

You should download all policies of the company say HR policy/Service Rules and regulations/Conduct and Discipline Rules/Employee handbook, your performance Vs targets, and performance Vs target of branch,area/region/zone/pan India  etc……..

2.     Are you being forced to resign with immediate effect or tender notice of resignation? Is your salary being paid on usual pay day?

They must be forcing you to resign with immediate effect!

They shall not get any appreciation from their masters if you tender notice of resignation! They may convey that during PIP you can not resign! They may even say (verbally) that if you resign with notice, you shall be terminated.

You should succeed to gain some handle on such personnel in Line Management/HR/Legal cell………….

You may record the treats to resign (audio/visual/witnesses/minutes etc) and build some irrefutable evidence for use at appropriate time in appropriate forum………as if you have an evidence you can use it and if you do not have then you are at the mercy of others…….

Forced resignation is offence…..

Forced resignation can be termed deemed termination……

3.     Even if you oblige them by handing over your resignation in language suitable to them you are unlikely to get in time FnF settlement, service certificate,relieving letter (with good comments and it shall be highly detrimental if adverse comments are posted………and one without good comments will be as bad as with negative comments)…….positive BGV reports/good reference checks………

You may inquire from others if you have any doubts and it is most likely that you will find that those in PIP don’t get good BGV………..and then have to either loose future employment or compromise and change the trade……………………..

Therefore it is your interest to succeed to put your feet on the tail…….

The you shall be in a position to escape without any blot on you….

4.     It is time to build favorable written record under proper acknowledgment…………….hence you should ASAP consult an able labor law consultant/service matters lawyer and even seasoned employee’s unions/trade unions leaders and let them structure/draft all of your communications……………………

Good Labor Law consultants shall draft all of your representations……..

Now there are employee’s unions for private/MNC banks too!

5.     Why you are included in 3 consecutive PIP? You should not conceal the reasons from your counsel…….

Which products of the bank you were selling e.g . Life Insurance?

Do you have any evidence of unfair/illegal practices?

Under-performance is neither misconduct, nor offence, nor fraud…….

It is not easy to prove under-performance………….performance can be dependant on various factors beyond the control of employee….

I agree completely with Mr Kumar Doab  and very well articulated.  To reiterate  and echo "under performance" is not an  crime and most of the time is  subjective, selective  and qualitative. What was your earlier rating (if any)? Anycase, follow the advice and you should sail.

Originally posted by : FREDYCHARLES
	I agree completely with Mr Kumar Doab  and very well articulated.  To reiterate  and echo "under performance" is not an  crime and most of the time is  subjective, selective  and qualitative. What was your earlier rating (if any)? Anycase, follow the advice and you should sail.

Dear sir

i had read bank policy regarding code of conduct. there is not written anywhere that bank can terminate employee on performance . no pip is mentioned in that code of conduct policy. 

Dear Sir

bank has isue me termination letter for underperformance. i talked to my hr, he is saying that i will get releiving letter with full and final settlement.

pls guide.

Dear Sir 
i work with 3rd party payroll. 
My Company termninate me without any notice and notice period all told ur non performer.
I got termination letter in back date and got letter after 12 days, In between gap not getting any intimation & written letter. After i dicsuss with all they are not supported and not giving me 30 days notice period. In my offer letter clearly mention either party giving 30 days notice.

I also not recived my all pending Incentive till date.
after i discuss with both party HRs and Director , all they telling need some time and not giving proper respons.

pls guide me what should i do.

thank you

You are required to go through the terms of PIP, which is expected to be a detailed document, to check whether there is any term about your termination if performance is not adjudged as improved. However, the normal tendency of the company is, whenever a PIP is proposed, the intention of the company is either to terminate the employee as a disciplinary measure or without notice.

For any further guidance, terms of your appointment, PIP conditions, and termination letter are required to be gone in detail before any advice.

@Amit,

You are resorting to verbal communications and hence getting verbal reply only.

It is one of the possibilities that you may not get relieving letter as per some internal policy of employer for HR.

You should certainly approach an able Labor Law Consultant/Service matters Lawyer with all docs on record.

You may become member of employee’s/Trade Unions and be properly informed and protected………..

(Name of the state) Shops and Commercial establishments Act that was enacted to govern service conditions of employees working in establishments covered by the Act  might be covering your private bank fort private gains…………….

Your lawyer may opine that you can approach Inspector appointed under this Act, o/o Labor commissioner…………