Resignation on PIP Resignation on PIP

2 months ago

I resigned after 15 days of my PIP for which I was not given any plan to improve. It was just informed verbally that CEO is not happy with me and One of my client escalated something to my HOD. I resigned after 15 days of my PIP. There is no update on my mail so far even I followed up my resignation mail on the 17th day. Now They are setting up a performance review on the 30th day of my PIP. what rights do I have If they terminate me.

Anik

Responded 2 months ago

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A.Dear Client,

A Performance Improvement Plan (PIP) is a tool aimed at providing an employee with performance deficiencies an opportunity to improve. However, termination for unsatisfactory performance might be considered retrenchment. In such cases, employees should be given 1 to 3 months' prior notice or payment in lieu of notice, as mandated by Sec.25N(1)(a) of the Industrial Dispute Act, 1947, provided the employee is a workman under Sec.2(s) of the Act. If terminated illegally, the employee can serve a legal notice to the employer and file a complaint for illegal termination before the Labour Commissioner. Failing resolution, the employee can raise an industrial dispute under Sec.2A of the I D Act or file an application under Sec.33C(2) before the Labour Court for unpaid dues. Managers/supervisors may pursue a civil suit for redressal. Consulting an advocate is advisable for legal notice, guidance, and further steps. Our legal team is available for expert services if needed.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
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. 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 to 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 including your unpaid salary 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. If you need our expert services, feel free to contact our legal team for the purpose.
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