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xyz   21 February 2018

Closure of employment on performance grounds

After having worked for 10+ years in a MNC starting as a fresher and was considered top performer for most of my years in the company. This year they have put me as Non-performer and given me a set of tough tasks to achieve if I need to be continued. Also at the end I know it will be difficult for me meet both day-to-day work & performance improvement plan at the same time. At the end i know they will ask me to put in my papers. Others who went through this process have been given 3 months salary. Gratutiy has also been paid. Is there any remedy to this position. Can i go to court on this? any suggestions.


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 3 Replies

Kumar Doab (FIN)     21 February 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial ( the establishment that employed you or that issued appointment letter to you)?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Who was your reporting authority/boss; say Mining Foreman or DGM of M/s UCIL?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Did you sign any Bond/service agreement?

Do you have copy of job advt, job application, interview call letter, offer/appointment letter?

Do any of these contain any clause that you have to submit original marks sheet/testimonials?  If,yes what was the reason stated for it; verification and/or that thee will remain with employer during service? Did you agree to such clause in writing? Was any acknowledgment issued to YOU/

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge/assets, NOC/NDC……………?

 

Kumar Doab (FIN)     21 February 2018

Performance may be on factors that are out of control of employee.

Do you have copies, of PIP policy, Original PIP sheets given to you?

Have you narrated to stakeholders that the tasks assigned are not practically possible to be achieved on day to day basis and in period of PIP with logics, in writing under proper acknowledgment?

In case of PIP in your case the establishment may o may not provide with notice period/pay……………..if the said PIP notice provide for notice period and/or if notice period is higher than PIP period IT may pay for balance period.

Yuo may downlaod the precedences quoted by you in case of  other employees.

The very purpose of PIP is hand holding to provide for training and bring improvement in performance..

The PIP period is to build irrefutable written record for use if required in future in appropriate forum.

The termination on performance and inclusion in PIP may affect you in future.

Firm up your next venture ASAP.

Try to fetch reasonably good perfomance during PIP in relation to barnch/region/Zone/pan India perfromance  and get out of PIP..

Transact in writing and under proper ackowledgment and downlaod relevant record..

Remain amiable and gentle.

 

Kumar Doab (FIN)     21 February 2018

Performance/under performance is not misconduct and hence not a valid ground for forfeiture of Gratuity.

You may go thru;

THE PAYMENT OF GRATUITY ACT, 1972; 1,2,2A,4,4(6),7

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

You may also go thru rules by state where you are located e.g;

The Payment of Gratuity (Maharashtra) Rules, 1972

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf


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