Terminated and separated me after 2 PIPs
6 months ago
I was working in a corporate firm for 1yr. They given the workman one 30day PIP and 7 day PIP. Given me time to resign for 7 days. I was working badly to pickup sales of the product worth more. Target given to me was not at all accomplishable in my area which they planned to take my job as a fresher who needs help for picking up in field. I found no documentation policy from company offer letter. I asked them for policy and thry dont have it. Many workmen were given PIPs just changing targets in conference calls rather than any written documentations emailed. I believe than PIP is an internal policy of company which shoulf be in a contract form signed by employee but none seen here but just a PIP initiation mail and a termination letter. I have proofs of seeing customers in my area in every corner of given area with their ph no. But none were taken into consideration rather than sale number which is not at all acheivable. Any way to get reinstatement back my position. Any ways to ask PIP contract or PIP documentations.
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.
If as per your contract of employment, your employment is performance-based or target-based, then for not meeting the standard of performance or target, the employer/company puts you on a PIP(performance improvement plan) and you fail to improve your performance, then, termination by an employer for unsatisfactory performance of the employee qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, then the employee is to be given 3 months prior notice and payment in lieu of notice of termination in compliance with the Sec.25N(1) of Industrial Dispute Act, 1947 provided the employee is a workman as defined under Sec.2(s) of the ID Act who can raise an industrial dispute before the Concerned Labour Commissioner claiming reinstatement in service with back wages. Or else an employee belongs to the level of manager/supervisory category and not a workman as defined under Sec.2(s) of the ID Act, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate handling labour or employment matters for serving legal notice to the Company for illegal termination and unfair trade practices and for further guidance and steps in the matter.
The terms and conditions of PIPs, including their initiation and consequences, should ideally be outlined in your employment contract or company policies. If your employer does not have a clear PIP policy in place and you believe you were unfairly treated, you may have grounds to dispute the termination. In India, labor laws generally aim to protect the rights of employees, and arbitrary termination may be challenged. Some companies have internal mechanisms for dispute resolution and grievance redressal. You may want to explore these options before pursuing legal action.
It's important to gather and retain all relevant documentation related to your employment, including your employment contract, emails, performance reviews, and any communication related to your PIP. These documents can be crucial if you decide to pursue legal action or negotiations.
If all else fails and you believe your termination was unjust, you can approach the labor court to file a complaint against your employer. The court will review the evidence and circumstances surrounding your termination and make a determination based on labor laws.
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