Termination due to non performance

@ Rohit,

Performance/under Performance can difficult to prove.

If notice period of 30 days is applicable then company has to tender notice pay.

If termination order is bad it can be contested……………….even if company has tendered notice pay.

Model Standing Orders;Sec13,16::Service Certificate,FnF wages has to be supplied on the day of termination…………….

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………..

Originally posted by : Kumar Doab
	@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…………

sir in my appointment letter it is written that engagement can be terminated by giving 3 months of salary in lieu of notice. my hr is saying that i will get releiving letter along with full and final settlement..

Last Reply

@ Amit,

Did you record the statement of HR?

Did you minute in writing under proper acknowledgment::::: the statements of the HR or others made to you till date, representations made by you etc?

You are writing/posting in this thread regularly but ::::::: For your reasons best known to you, you are not writing to your company......................hence you are not building favorable written record..................for need or use at appropriate time in appropriate forum!

Even if get relieving letter........................and if some adverse comment is made................it shall be of no use to you..................OR if no adverse comment is stated in Relieving Letter but is made in BGV once again you shall be in trouble!

I have nothing  more to add.

You may wait for the posts by other members/experts.

Originally posted by : PS Dhingra, dcgroup1962@gmail.
	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.

dear sir, 

i had read bank policies, nowhere it is written that bank can terminate on performance grounds. only it is mentioned that bank can terminate on misconduct and offence.

in appointment letter it is written that after confirmation this engagement can be terminated by either party pay paying each other amount equivalent to 90 days salary. now bank has terminate the engagement due to my underperformance, so will they pay me 3 months salary??

will i get releiving letter along with full and final settlement???