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Termination while on notice period
5 months ago
I was put under performance improvement plan while on PIP i put resignation but at the end of PIP company terminate me please help me can i file case against company
A.Dear Client,
A performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee the opportunity to succeed with performance deficiencies. When the assigned task under PIP does not match your skill or efficiency, you should bring the matter to the notice of the Company. If you fail to cope up with the toxic environment and quit in the course of PIP, you may lose getting any unemployment benefit 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 he or she is 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 or raise an industrial dispute directly 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 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 performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee the opportunity to succeed with performance deficiencies. When the assigned task under PIP does not match your skill or efficiency, you should bring the matter to the notice of the Company. If you fail to cope up with the toxic environment and quit in the course of PIP, you may lose getting any unemployment benefit 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 he or she is 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 or raise an industrial dispute directly 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 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.
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