If a superior Apraises his Subordinate with low ratings whether it can be converted into employee lawsuit
mythili jogi (Consultant) 11 July 2011
If a superior Apraises his Subordinate with low ratings whether it can be converted into employee lawsuit
N. AKSHAY BERI (LEGAL ADVISOR) 11 July 2011
NO THE SELF APPRAISAL IS BASED ON THE PERFORMANCE OF THE EMPLOYEE AND IT IS AN INTERNAL SYSTEM OF EACH WORKING ORGANISATION. THE APPRAISAL HELP TO BUILT A GOOD PERFORMANCE REPORT AND IT DEPENDS UPON THE WIMPS AND FANCIES SOMETIMES BUT MOSTLY ON THE HARD WORK, HONESTY AND LABOUR OF EMPLOYEE. NO SUIT CAN BE FILED AGAINST THE SAME.
Kumar Doab (FIN) 13 July 2011
Appraisal as rightly pointed out is a transparent process. The companies take a call on increments/ rise in salary, position etc, on the basis of appraisal.
Appraisal may be termed self appraisal, however the format shall contain portions which are to be filled with performance in figures, quality, skills, abilities etc, and weight age or ratings given as per weight age criteria.
There are aspects on qualitative parameters.
For illustration: A achieved 90 out of 100 on sales target i.e. Sales Vs Tgt achievement 90%
The payment of the bills should be cleared within 21 days, however the payment is cleared on average after 45 days. 3 bills are not paid and stock is returned. Sales for which proceeds are not received is bad sale/false sale/misselling etc..
B achieved 80 out of 100 and all bills cleared in 21 days.
Quality of sale is better in case of B.
B adopted methods to convert the strategies as it suit to the topical geography, culture, perceptions of the team and customers and made them tailor made for his area and brand visibility and rating is better.
He has trained his team well and is self starter.
Such parameters also find place in appraisal and the reporting authority makes a mention of it and gives ratings. Reporting authority also has to make a mention of areas of improvement and training needs.
If the reporting authority uses appraisal as a tool to deny the due rights, and uses the authority to vindicate the reportee, reportee has all the right to protest, and proceed against it.
The better approach is to escalate the matter with evidences to superiors and good offices and if no relief is granted, then labor authorities/courts, civil courts etc.
The opinion and suggestions of learned experts and members is sought.
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