Firing citing poor performance
3 years ago
1. In 2015, Accenture gave me poor performance rating though feedback from my supervisor was good. I have the feedback document. I was not administered any performance improvement plan. I was told that I was downgraded in relative rating.
2. In 2017, Accenture gave me poor performance rating though feedback from my supervisor was good. Accenture had moved to absolute ratings.
I belonged to Manager cadre and served Accenture for 8 years. After losing the job at Accenture, I struggled for more than 1 year to get another job. Accenture has this policy of at least 10% of people by hook or crook. I want to sue the company and seek compensation from them. Can I file a case in the USA where Accenture is headquartered?
A.Dear Sir,
If you have served in India you can file in India also. Please read the following broad options against the MNCs. Please give me Rank 5 if you feel my answer helped you
==================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
A. Government-Mandated Employee Monitoring and Dispute-Resolution Bodies Under various pieces of labour legislation, the government is required to create administrative networks in all units employing more than 50 employees, to oversee the implementation of workplace benefits and ensure the representation of employee interests. These networks exist simultaneously with the trade unions. An employee may file his or her grievance either through the union or through any network that exists in the workplace (although, as noted above, normally the union takes up matters of common interest to groups of employees and the grievance cell represents single employees with individual grievances). Administrative networks can be created through the following: advisory councils;• advisors, officers, inspectors, etc., appointed under various labour laws;• medical benefit councils and medical officers;• welfare committees and officers;•
Pay boards; conciliation committees and officers;• grievance cells;• workers’ committees; or• consultation committees.• Individuals acting as representatives of employees under the various “welfare mechanisms” listed above have a wide range of powers. These individuals should not be confused with government inspectors and officers affiliated with the Ministry of Labour, who are employed and paid by the appropriate government to implement and enforce the labour laws. In contrast, the welfare officers discussed here are hired and paid by the employer in accordance with rules framed by the government and are essentially semi-official compliance officers, assisting the employer to comply with mandatory welfare and benefit measures established under various labour laws. Although appointed by the employer, these officers are considered government officials charged with proper enforcement of the employee welfare provisions of labour laws. Their duties, qualifications, and conditions of service generally are prescribed by the various state governments, although, as noted above, they are paid by the employer and reviews of their performance are conducted by the employer. Individuals hired by employers under government requirements and acting as representatives of employees have the following powers: they can carry out any inquiry and examination with respect to the interests of the employees;• they can make and implement programs for the benefit of the employees, e.g., provident fund• plans and insurance plans; they can provide for any damages suffered by an employee during the course of employment;• they ensure compliance with provisions of various labour legislation regarding sickness benefits,• maternity benefits, disability benefits, etc.; they are responsible for promoting health programs and measures for the benefit of employees;• they can investigate, or form committees to investigate, complaints filed by employees;• they have the power to call for adoption of proper safety measures;• they can call for, or require medical examination of, employees to check for healthy working• conditions and a healthy environment. As mentioned above, grievance cells are a part of this welfare mechanism for employees. Employees may bring to grievance cells any matter ranging from the employer’s noncompliance with employee welfare provisions to variations in service conditions and health and safety concerns. Because these cells are perceived as helping to solve matters amicably, they are classified as measures for employee welfare and benefit.
If you have served in India you can file in India also. Please read the following broad options against the MNCs. Please give me Rank 5 if you feel my answer helped you
==================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
A. Government-Mandated Employee Monitoring and Dispute-Resolution Bodies Under various pieces of labour legislation, the government is required to create administrative networks in all units employing more than 50 employees, to oversee the implementation of workplace benefits and ensure the representation of employee interests. These networks exist simultaneously with the trade unions. An employee may file his or her grievance either through the union or through any network that exists in the workplace (although, as noted above, normally the union takes up matters of common interest to groups of employees and the grievance cell represents single employees with individual grievances). Administrative networks can be created through the following: advisory councils;• advisors, officers, inspectors, etc., appointed under various labour laws;• medical benefit councils and medical officers;• welfare committees and officers;•
Pay boards; conciliation committees and officers;• grievance cells;• workers’ committees; or• consultation committees.• Individuals acting as representatives of employees under the various “welfare mechanisms” listed above have a wide range of powers. These individuals should not be confused with government inspectors and officers affiliated with the Ministry of Labour, who are employed and paid by the appropriate government to implement and enforce the labour laws. In contrast, the welfare officers discussed here are hired and paid by the employer in accordance with rules framed by the government and are essentially semi-official compliance officers, assisting the employer to comply with mandatory welfare and benefit measures established under various labour laws. Although appointed by the employer, these officers are considered government officials charged with proper enforcement of the employee welfare provisions of labour laws. Their duties, qualifications, and conditions of service generally are prescribed by the various state governments, although, as noted above, they are paid by the employer and reviews of their performance are conducted by the employer. Individuals hired by employers under government requirements and acting as representatives of employees have the following powers: they can carry out any inquiry and examination with respect to the interests of the employees;• they can make and implement programs for the benefit of the employees, e.g., provident fund• plans and insurance plans; they can provide for any damages suffered by an employee during the course of employment;• they ensure compliance with provisions of various labour legislation regarding sickness benefits,• maternity benefits, disability benefits, etc.; they are responsible for promoting health programs and measures for the benefit of employees;• they can investigate, or form committees to investigate, complaints filed by employees;• they have the power to call for adoption of proper safety measures;• they can call for, or require medical examination of, employees to check for healthy working• conditions and a healthy environment. As mentioned above, grievance cells are a part of this welfare mechanism for employees. Employees may bring to grievance cells any matter ranging from the employer’s noncompliance with employee welfare provisions to variations in service conditions and health and safety concerns. Because these cells are perceived as helping to solve matters amicably, they are classified as measures for employee welfare and benefit.
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Devesh Tripathi
Responded 3 years ago
A.you have not written that where you were stationed in your ex company and also whether your parent company did settle your final claim or not and what was terms and condition of employment letter. with all that information any conclusion can be drawn
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You may approach the jurisdictional labour inspector to address the Unethical employer behavior.
You may approach the jurisdictional labour inspector to address the Unethical employer behavior.
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