Forcely trying to fire an employee from co-operate system
7 months ago
Iam an employee in co-operate sales on role employee. I have given targets to complete incentive process. I was put into PIP even without a warning mail for targets of 2 per day to sell high priced products in homes instantly by visiting them. Since,it's a cooperative system, their is an app for catching remarks of customers. When I reach a home, I should Mark to get that specific building ID in their app and start talking to them for 5min. After that, remarks should be captured in the if not taken today, then specify date for followup and all those stuff. One day, I got a mail that PIP is initiated against you for taking 2 targeted sales per day for these highly priced products. The mail doesn't had any PIP documentations to read or to submit to HR team. No HR or any trainer called me for explaining what happened. It was a centralised PIP from National headquarters Mumbai. I was trying to sell the product the way they said to me, by reaching Door to Door. I also spoke to them about all these products. I am a human being and I was trying to sell it maximum way i possibly can..I have also recorded in their app the remarks for why they are not taking the product now, and if they are satisfied with their existing product or not in detail. The head Team Leaders are always calling me for taking orders as possible as I can, but the homes I have given was of middle class people who are not able to take these products.
One day, Manager contacted me regarding receiving a centralised list for discontinuing contract closure from their end for pip failure. I was asked to put resignation letter at that moment. I couldn't and I have asked them, for reason. They were asking me for not getting 2 orders per day. I refused to resign validating that, I haven't received any email from the HQ regarding it. But, they have shown me my name in list. I wonder why a sales executive is forced to resign if he didn't met the target. The customers that they meet, will contact them after sometime to take their product when financially ok. But, how can I take the highly priced product from not financially ok customers at spot visiting.
I was called from the State Head Office for not submitting resignation request. I was put into a conference room, and one guy showed me some kind of a clause in employment statement. It says as no 23 "Your services are liable to be terminated at any time without assigning any reason by giving 7 days notice in
writing by either side or payment of 7 days basic salary in lieu thereof. You shall attend duties till you are
relieved from service in writing. Waiving the Notice Period on resignation is at the sole discretion of the
company". He signed a termination letter himself stating some kind of the same date. Said tommorow onwards your job is no more and I have to resign now or fetch the termination letter. I rejected the termination letter asking them for not letting me know before putting me on PIP and not sending mail for PIP documentation and conducting detailed review on the documentation. I also asked for not reviewing the app for proof of customer visit and phone number as proof of visit and letting an employee of this much sales contact to move out immediately without prior notice. I don't have any job offer now. Iam just 1.3 yrs at this co-operate company. I believe that their could be a fault happened to the State office for not preparing a PIP document as it's a list from National head quarters. Now they are rejecting my travel allowance from state side for not putting resignation. Should I go for legal notice for pip documentation to National head quarters and send HR for holding job until the reply is all about. Any help
An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company at the time of joining. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. In case you find any deviation or violation of any terms of the contract that makes the working environment toxic, you need to bring the matter to the notice of your higher authority either through written application or through email. A performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee with performance deficiencies the opportunity to succeed. If you're put on a PIP, take time to process your emotions and understand the situation. At times, it may help you to seek the guidance of a mentor — either within the company or a professional career coach. If you fail to cope with the toxic environment and quit in the course of PIP, you may lose getting any unemployment benefits or any severance package. On the other hand, termination for unsatisfactory performance may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, then they are to be given at least 1 month or 3 months prior notice and payment in lieu of notice of termination in compliance with the mandatory provision of Sec.25N(1)(a) of Industrial Dispute Act, 1947 provided the employee is a workman as defined under Sec.2(s) of the Act. In that situation, you need to serve a legal notice to your employer/company and file a complaint against them for illegal termination before the concerned Labour Commissioner for redressal of your grievance failing which you can raise an industrial dispute before the concerned Industrial Tribunalyou under Sec.2A of the I D Act and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. Or else an employee who belongs to the manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate for serving legal notice to the Company for unethical and unfair trade practices and for further guidance and steps in the matter.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Accountant in a production house
Not paid the April month salary
Salary deduction for not serving notice period
Less Full and final settlement
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
