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. It is a good practice, followed by many employers to assess the potential abilities of an employee. In case 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 with the PIP, the company may ask you to quit the job and if you quit in the course of PIP, you may lose getting any unemployment benefit or any severance package. In the given scenario, it may be suggested that you find other suitable jobs elsewhere that fit your skill and efficiency. Performance evaluation documents post-PIP are purely private and confidential and a candidate cannot access his own appraisal/assessments as a matter of right. It may be noted that recruitment, promotion, placement, transfer, upgradation etc. are the prerogatives and discretionary on the part of the management followed based on an established HR policy of the Company. Only in case of deviation/discrimination/mala fide in the HR rules/policy, if appears on the face of the record, the Courts or Tribunals may entertain an appeal challenging the well-established HR policy of the Company. Regardless of the sector or character of establishments either public or private, the recruitment of manpower is processed following its standing recruitment policy and recruitment of manpower is also a prerogative of the establishment. Any complaint or allegation over malpractice or unfair practice in the recruitment of manpower against an establishment shall not be entertained by a Court unless the alleged malpractice or unfairness in recruitment policy and practice appears on the face of the record. So, it is a very difficult and cumbersome exercise to prove such an allegation before the court.
Posted On 24-Jan-2025
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