In jeopardy of loosing job as i'm in pip course

“Recently i moved to new project and provided with minimal knowledge transition………………………. They didn't listen to my voice/concerns and made me to accept PIP with help of HR team.?”

Did you ever minute it i.e. in writing under proper acknowledgment……………………while you were assigned the project, while client escalated negative aspersions on your skill, while you were asked by your Boss, while you were asked to accept PIP sheet?

Did you narrate it in PIP sheet or subsequently?

Do you have copies of your communications and proof of dispatch and delivery?

Do you have copy of PIP policy, PIP task sheet signed by you and other stakeholders’ e.g; Line Manager Etc?

Do you have copy of documents showing your efforts and performance and improvement?

Has bosses and client accepted improvement?

1. Yes and NO.

Relate with PIP policy and clause on Unsatisfactory Performance resulting in termination.

Sensible employers do tender Notice pay………………in case of termination  resulting from PIP.

1. Relate with appointment letter, service rules, HR policy/employee handbook etc.

What is the rate of notice pay applied by employer in case employee does not tender notice period and resigns?

As per coverage of establishment and employee by ambit of Labor Laws, this can also be related with applicable enactments.

It might be last drawn monthly wages.

1. I am happy to read this point, as it may mean that you are aware of some enactments.

From which document you have noted it say; appointment letter?

Quote/copy/paste/attach the relevant clauses/para.   

What is your designation and nature of duties?

Has any appointment letter been issued to you?

Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card?

Are you member of any IT/ITeS employee’s/employee’s/trade unions?

What is your monthly salary and its break up?  

Employee should always avoid termination and adverse comments in relieving letter, BGV.

Even if you resign, the employer may post PIP in BGV and it may affect your employability.

Hi Kumar,

   My designation is Application delivery professional and my duties are like collecting requirements from clients, analysing the issue, find the feasable solution, test it and at last delivery it with hight quality to clients.

I'm been issuing salary slips for each month correctly. I'm not a member of any trade union. Please guide me on how to join these unions so that i can get help in future. I got more details on severance pay from cite HR website. Please let me know if you need more details from my end.

Originally posted by : Venkat
	Hi Experts,    I'm working in IT company(in Madhapur, Hyderabad) since 2010 for various projects. Recently i moved to new project and provided with minimal knowledge transition. However i got client escalation on my performance stating that my performance is not upto mark as per my experience level and need to improve it. Due to this, my PM has raised performance improvement plan(PIP) without any official prior communication to me on this matter. I tried my level best to defend my self and asked to withdraw PIP. They didn't listen to my voice/concerns and made me to accept PIP with help of HR team. Since then I'm working hard on my regular duties along with PIP tasks by streching my effort to prove my performance. However, completion of few PIP tasks as of today, my lead & manager are not happy with it and giving gestures like they may sack me at any point of time. So I'm facing lot of stress and health concerns too. Before they are taking up any action against me, I would like to know more details on my employments termination. 1) If they terminates me from employment by showing that I didn't clear PIP test as a reason, are they will pay notice period amount to me? As per my offer letter, the written notice required for termination of employment will be 2 months notice by either party. Basing on your nature of duties you can only be terminated basing on an enquiry. If they terminate you directly showing that you did not clear PIP, then such termination can be challegend in court of law. If you accept such illegal termination then only comes the issue of notice pay. However, depending on the tenure of service you can claim compensation for such illegal termination, if you do not want to challenge it before any Court. 2) notice period amount means - is it basic amount of salary or total gross salary? 3) Am I eligible to pay severance package for employment termination since I'm in PIP plan? Amount of severance pay is equal to 15 day's wage of each completed year of service. I completed 6 years in this company as of now and going to finish 7 years by 1-APR. Legally there is no term as severance package in labour law. You may be entitled to retrenchment compensation e.g. 3 months pay + 15 days pay x no. of years served. Since you have served for more than 5 years, you will be entitled to gratuity too. Also consider the PF payments.  Please help me in clarifiying my questions. It will be great if you direct me to any labour department related lawyers in Hyderabad.   Thanks, Venkat

Reply given in bold. First decide whether you want to challenge the termination or not. You can think about the compensation only when you are ready to accept the termination. 

You have not replied to points raised point wise.

You are person from IT and can search yourself for IT/ITeS employee’s unions.

e.g;

https://itnitesunion.wordpress.com/

https://fite.org.in/

https://labour.kar.nic.in/labour/trade-unions-list.htm

https://www.socialism.in/index.php/even-it-employees-can-form-a-union/

From your post it is guessed that:

You are not properly informed.

Better get in touch with IT/ITeS employee’s unions, Trade unions leaders and counsel specializing in Labor/service matters.

Find out yourself by visiting:

Labor Court/CGIT, Civil Courts, HC, CAT etc

You can also search in LCI databank at:

https://www.lawyersclubindia.com/lawyers_search/

Your near and dear ones, union leaders, well wishers, elders of the  family lawyer can also guide you.

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Hello Kumar,

   Below are my answers to your questionnare.

Did you ever minute it i.e. in writing under proper acknowledgment……………………while you were assigned the project, while client escalated negative aspersions on your skill, while you were asked by your Boss, while you were asked to accept PIP sheet?

Yes, they made me to accept PIP process with help of HR.

Did you narrate it in PIP sheet or subsequently?

Not, yet. There is no provision to mention it.

Do you have copies of your communications and proof of dispatch and delivery?

Yes, I have. They complaining that issue with slowness in delivery. Speed is less than their expectation

Do you have copy of PIP policy, PIP task sheet signed by you and other stakeholders’ e.g; Line Manager Etc?

I don’t have any PIP policy document. PIP has initiated by my manager and has been accepted by me in our portal and there is no manual/physical signature needed.

Do you have copy of documents showing your efforts and performance and improvement?
Yes, I have. Everything is being monitored in e-mail only.

Please let me know if you need more details.

Hello Ritesh,

   Thank you for your reply. However I'm not clear on retrenchment compensation policy. I have joined my current employer in April 2010. So I have completed 6 years already and about to complete 7 years soon. Ideally, I am eligible for retrenchment compensation. But my straight question here is... Am I eligible for this compensation as I'm in PIP course irrespective PASS or FAIL? If they fails me in PIP wantedly, still am I eligible for this complenstation??

Thanks in advance.

Thanks,

Venkat Jella

You have confirmed that; you have submitted in writing to the employer that you have not been provided with any sufficient training to handle the work of client of employer. 

Isn’t it?

Still: If client is not satisfied then employer should have assigned the task to some senior to make the corrections and also to train you to address the issues in future; effectively.

You have confirmed that; you have written, thereafter also and you have the copies of your communications and its proof of dispatch and delivery.

Isn’t it?

If there was NO scope of entering your comments then you could have either asked to modify the online web page so that your comments are also entered or could have written (even if by email) later that: your following comments could not be entered due to limitations of online web page titled………………….’…….’ and may be inserted by employer and read as part of it.

You can do it now also.

If copy was not provided and could not be downloaded then could have written (even if by email) later that: an authenticated copy e supplied to you.

Even PIP policy is not made available to employee (you) then could have written (even if by email) later that: the said PIP policy which is flaunted to you; has not ever been shared with you.

If you have properly written to the employer and have record and not responsible for the dissatisfaction of the client ( for NO training: improper/insufficient training or NO support from seniors) then you must have written in suitable and befitting manner that you are wrongly included and are now being told that you will be terminated.

If you have proper record of communication showing that despite NO training: improper/insufficient training or NO support from seniors, you have been handling to the best of your efforts you may add that also.

It is matter of building record from beginning.

If you are terminated due to dissatisfactory performance then it may not be retrenchment.

If you are covered by the def. of ‘Workman’ as in ID Act then only you can agitate on retrenchment.

If you are not fit for one job: then ideally employer should train you: either for the same job or other job.

The inclusion in PIP and subsequent termination is aimed to decline the compensation under various enactments.

You are not properly informed. Better get in touch with IT/ITeS employee’s unions, Trade unions leaders and counsel specializing in Labor/service matters. Find out yourself by visiting: Labor Court/CGIT, Civil Courts, HC, CAT etc You can also search in LCI databank at: https://www.lawyersclubindia.com/lawyers_search/ Your near and dear ones, union leaders, well wishers, elders of the family lawyer can also guide you.

They can help you to build record, fail efforts of the bosses to terminate you.

Termination can be contested; however the irrefutable written record shall help to build merits.

Hi Kumar,

    Thank you for your time in responding to my questions. While going thru policy database, I found below clause however it is still not clear on

If the objectives of the PIP are not met, separation of employment is warranted under terms of company policy.

Thanks,

Venkat

Originally posted by : Venkat
	Hi Kumar,     Thank you for your time in responding to my questions. While going thru policy database, I found below clause however it is still not clear on retrenchment benefits. If the objectives of the PIP are not met, separation of employment is warranted under terms of company policy.   Thanks, Venkat

It is simple Dear.

The employer can separate by Termination.