1.Do you have copy of PIP policy? Does it contain the counts and parameters on which a person can be included in PIP:::: both qualitative and qualitative?
If you have been included in PIP on false charges did you reply::::: substantiated with evidence and record? If not do that and demand that your name should be withdrawn from PIP!
Do you have any evidence that Manager stated that Client does not like you?
Has you been ever issued any stinkers by this Manager and did you reply::::if not submit a reply validated by record!
Do you have evidence of Manager being biased and influencing the panel:::::and did you substantiate it?
Did the company reply to the charge leveled by you and grant fair opportunity to you?
Download it along with HR policy/Service Rules that are mentioned in appointment letter,…………exit policy, FnF policy, leave policy and other policy, performance Vs Tagt record , appreciations, awards, rewards, appraisals conducted so far, and also the stinkers issued by manager or any one, communications issued before and after the inclusion in PIP, PIP forms signed by you, KRA’s: yours and of manager, and any other communication that might be useful………………………the communications from ON shore manager showing satisfaction with your manager and if possible that he never wanted you be out of the project………………
2. If employee has opted to retire by resignation then employee shall choose the notice period/effective date of retirement /last date in office ………………………….and not the employer and the effective date of resignation tendered by employee can not be preponed or postponed by employer!
Why should you ask the employer to give you date of your effective resignation or last day?
3. Resignation can be without permission and notice!
Is it stated in any of the documents that employment can be terminated by employer or employee by tendering notice pay in lieu of notice period?
Is it stated in PIP policy that employee can not resign during PIP period and why?
PIP is :::: Performance Improvement Plan and is not aimed to terminate!
4. Did you record (audio/Visual/witnessed) the statement of HR that it is planning to terminate and did you minute it?
Did you relate the contentions of HR with progress recorded in PIP showing improvements so as to declare that even if you are in PIP you are not to be terminated?
4. The notice period of 90 days may not necessarily be applicable to you!
You might be covered by the definition of 'Workman' as in ID Act/'Employee' as in Shops and Commercial establishments Act!
You may avoid seeking a confirmation on it from personnel in Line Management /HR of your company and approach an able Labor Law Consultant/Service Matters Lawyer........................only. Your counsel may ask you a set of structured questions and may opine that you shall be covered.
Your company might be covered by (name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employee's working in establishments covered by this Act............
Notice Period/pay is part of service conditions and is very well stated in this Act and is as per length of service and is max. upto 30 days.........................No Inspector appointed under this Act/Labor Inspector/Labor Authority can and shall accept notice period and rate of notice pay beyond the provisions of this Act.
Standing Orders (certified/model) might also be applicable to the establishment and you. If standing Orders are not certified Model Standing Orders shall apply.
Some states like Kerala has issued notification covering all commercial establishments (including software companies) by standing orders, states like Maharashtra has laid down vide provisions of Bombay Shops and Commercial Establishments Act that any establishment having 50 or more employees shall be covered by standing Orders....................
As Model Standing Orders:Sec13,16: NoticePeriod during probation period is NIL and after confirmation is max.30 days.............and service certificate has to be issued to all employees on last day in office.................................and employer personally is held responsible for faithful observance of standing orders.....
No Inspector appointed under this Act/Labor Inspector/Labor Authority can and shall accept notice period and rate of notice pay beyond the provisions of the standing orders (Certified/Model) and (name of the state) Shops and Commercial Establishments Act.........................as these being Instrument of Law/statue/Act shall prevail upon any private policy/rule that employer has drafted and crafted for employees.................e.g. offer letter/appointment letter/service agreement/contract of employment/HR policy/Service Rules and regulations/FnF policy etc............
Hence any clause /service condition that is violation of these enactments shall not survive.....
Thus the offer letter issued to you laying notice period of 60 days may not be even worth the piece of paper on which it is written..........................
Hence you can affirm (in writing under proper acknowledgment) to tender the notice pay as per correct notice period applicable to you and request to adjust in the FnF statement and supply the original to you for verification and acceptance..............and do not forget to mention that NO tasks are pending at your end and routine duties be assigned that can be completed on daily basis within and upto last date in office after expiry of notice period of .........days tendered by you i.e. dated............and to whom you should handover the charge within last date in office i.e. dated.....................
It shall be appropriate to show all docs on record to an able Labor Law consultant/service lawyer in person....and proceed under expert advice of your lawyer…………………….and let your lawyer now structure your representations to suit your long term interest and build favorable written record.
