Ask to leave on false performance issue

Before approaching   the labor court  you issue  a legal notice to your employer that DESPITE PUTTING IN YOUR BEST PERFORMANCE WHY YOU'VE'BEEN BADLY RATED REGarding performance and why you werenot treated on par with your coemployees.Your employers behaviour is highly arbitrary, discriminatory, unconstitutional, highhanded smacks of unfair labor practice and victimization.If you don't receive a satisfactory reply or noreply within 15 days you can  approach laborcourt.The labor court after inquiring into all the circumstances may direct your employer to retain you and pay all dues to you and warn your employers to treat  you well henceforth.

First thing First: Download perfromance criteria/KRA's, Targets, achievements, appraisal marrix, appriasal forms, signed copies and relate.

Once you have the downloaded and printed versions write ( under proper acknowledgment) to athority for variances and request to correct.

Have you been asked to leave/resign?

Facts posted are sketchy. As such, it is impossible to offer any meningful or purposive suggestion.

Originally posted by : Pankaj Sinha
	Hi Sir, I have been working in an leading IT MNC, I want to file a case in labour court, as my employer did not done a justice on my case, and HR Manager did a conspiracy on my case. The issue is, they did not given me any opportunity to prove my performance and during appraisal given negative rating just to fire me. There has been evidence and gap where on similar issues company has not asked those people to leave. I am feeling as discrimination and injustice. Kindly suggest. Thanks

Facts are not very clear, still I suggest the following:

1. You can file a case before the labour court, if you are a workman.

2. Industrial disputes can be raised through union. Individual disputes like termination/ dismissal etc can be raised directly by a workman.

3. Before filing a case, give a notice to your employer. Therafter, file a complaint before the labour commissioner before approaching the court.

4. Make sure that your grievances are in the nature of an industrial dispute. You cannot get any remedy for 'injustice' and 'conspirary' under the labour laws. 

Does printed version ( in your hands) of : perfromance policy or say HR policy or say service rules or appointment letter or say employee handbook or say appraisal policy..........................specify that negative rating in appraisal would lead to Termiantion of employment.

Have you been included in PIP?