Employment termination Employment termination

5 years ago

I work in a mnc as team leader, management put me in pip performance improvement plan and want to terminate. The mail with pip plan having set of work done as per day to day process. On these ground management taking action me and want to terminate. What legal action I can take? Secondly as my friend said industrial dispute says a supervisor or manager can't do anything rather facing the consequences. Please advice sooner I will be in trouble.

Abhimanyu Shandilya

Responded 5 years ago

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A.See working with a private company in managerial or supervisory role is governed by the employment contract and not by the labour laws. So, if your employment contract and your company's policies say that one has to be under PIP in case of low performance and accordingly that person can be terminated then you don't have much choices.
In case they terminate you without any reason and not as per the employment contract then you can take legal action against them.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Kindku Contact with vidhikarya lawyer for discussion on your case and further legal procedure.
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.Termination of non-workmen category of employees are broadly governed by the provisions of S&EA being applicable to the respective employee, read with terms and conditions of the employment contract executed between the parties.

You can either (i) accept the termination or (ii) If you believe the motive for the PIP is some unethical or unlawful bias of the manager, then raise an objection.

(i) if you accept the termination- Under S&EA, an employee is entitled to notice of one month or wages in lieu of notice. Your endeavor should be to ensure that your name is excluded from PIP and PIP notice issued to you is removed from your personnel file maintained by HR.

(ii) if you believe the motive for the PIP is unethical or unlawful bias: You may challenge / dispute the case of your termination by the employer (on account of non-performance) mainly on two grounds, namely by questioning the procedural aspect (of the termination) and by denying existence of the element of non-performance. A termination may construe to be bad in law if the employer fails to prove (in the respective forum) the existence of the alleged grounds amounting to termination.

Raise a demand to supply you the copy of PIP policy. It should contain flowchart on stakeholders in the policy, and sequence of HR action to be taken in case of employees included in PIP. Obtain exit, severance, FNF policy of the company and look for the statement on issuance of relieving letter to employees listed in PIP. Also look for clause and statement on notice period/pay in case of termination resulting in case of PIP. Has the company arranged any training for employee’s included in PIP and arranged any support system so that they better their performance? What are the minutes of discussion and flow of events?

If the fall in performance is due to factors which are beyond the control of employee e.g. quality issues, service issues, loss of faith by customer in product/company/sector (e.g. financial sector ULIP etc), non availability of stock, uncompetitive pricing, lack of features etc.individual employee should not be singled out.

You can contact me through Vidhikarya with the standing orders of the company, appointment letter, verbal challenge/ PIP policy, exit, severance, FNF policy, Tgt.Vs Performance data, PIP notice issued to you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajeev RJ

Responded 5 years ago

A.If they terminate you as per your appointment letter then you cannot do anything legally agains their action. You can definitely ask them what is basis for PIP.

Regards

rajeev
RJ Associates
Trivandrum
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