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

The point that should get your attention is that:

'Even if you offer resignation instead of fetching termination order, and even if it is recieved/extarcted from you; The PIP is already inserted in your personnel file, maintained in HR cell and the termination shall remain as reason due to PIP in internal records and it may hound you in future also, say in BGV/reference check etc etc ..

The point to ponder is that: The next employer and last employer may not share the BGV report with you and names that posted the report.

Another perspective is that: The current breed of Line Mangers/HR personnel may leave like you and next personnel shall look into your personnel file and post whatever is inserted in it.

 Obviously it shall be PIP and resultant termination.

Look at your query from beginning:

The client made a complaint and instead of admitting that it is deficiency of employer and its attorney’s in Line Management/HR/Training cells, that did not identify the training needs and did not provide sufficient training and practice to employee…………………

Rather deputed the employee to work for client.

Instead of admitting their deficiency they chose to vindicate the employee and include in penultimate process of PIP.

PIP stands for; Performance Improvement Plan………………………or in Layman’s language; Hand Holding.

Your lapse is that without getting published version of the policy you signed.

This policy should various incremental steps: to enable the employee with training and SUPPORT.

Believe it or not these persons in Line Management/HR/Training cells + Legal cell and then Lawyer’s/Law Firm of employer shall leave NO stone unturned to establish that you were provided with SUPERB and WORLD Class Training and SUPPORT, but you still did not improve.

Thus you were: NOT GOOD and hence terminated on Performance Parameters.

Therefore build irrefutable written record while in employment, for your own future.

Other perspectives: Approach :

Inspector appointed under; Shops& Estbs Act (If you are covered by the def. of ‘Employee’ as in the Act. Do not confuse it with ‘Workman’ (as in ID Act). You should be covered.

O/o Labor Commissioner: If you are covered by the def. of ‘Workman’ (as in ID Act). You should be covered.

Higher Officials of Dept. of labor

(If you are covered lodge all complaints, under proper acknowledgment. Let O/o Labor Commissioner combine all)

Civil Courts

You can seek support from:

Employee’s/trade unions leaders; They know precise ways to drill sense into the heads.

Counsels specializing in Labor/service matters.

And suggest some other recourse also e.g;

Stay on Termination

Interim Order leading to stay on Termination etc etc 

Employees from IT/ITeS sector have succeeded in getting 'Stay on Termination'.

Did client made any deduction from employer’s bill for slow speed alleged as: due to you?

Ref: your 1st post.

1. Notice Pay; It is felt that it, should be paid.
2. Rate of Notice pay: Relate with T&C narrated in appointment letter, applicable enactments e.g; AP Shops & Estbs Act, Standing Orders (  Model/Certified) etc 
3. Severance package: Is it narrated in appointment letter or any other published document e.g; Employee Handbook, Service Rules etc and even Conduct and Discipline Rules?

You may go thru: Sec: 2(5,8,9,20,23,),16,35,36,37,41,43,47,48

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT

https://labour.ap.gov.in/documents/AndhraPradeshShopsEstablishmentsAct1988.pdf

47. Conditions for terminating the services of an employee,

payment of service compensation for termination, retirement,

resignation, disablement, etc., and payment of subsistence allowance

for the period of suspension:-

: (1) No employer shall, without a reasonable

cause, terminate the service of an employee who has been in his employment

continuously for a period of not less than six months without giving such

employee at least one month’s notice in writing or wages in lieu thereof and in

respect of an employee who has been in his employment continuously for the

period of not less than one year, a service compensation amounting to fifteen

days average wages for each year of continuous employment:

Provided that every termination shall be made by the employer in writing

and a copy of such termination order shall be furnished to the Inspector having

jurisdiction over the area within three days of such termination.

This compensation is not in addition to Payment of Gratuity ( for 7 years).

The employer is apparently trying to build grounds to deny this service compensation.

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT

(2) The service of an employee shall not be terminated by the employer
when such employee made a complaint to the Inspector regarding the denial
of any benefit accruing to him under any labour welfare enactment applicable
to the establishment and during the pendency of such complaint before the
Inspector. The services of an employee shall not also be terminated for
misconduct except for such acts or omissions and in such manner as may be
prescribed.

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT

 

(6) Where an employee is placed under suspension pending enquiry into
grave misconduct, the employer shall pay a subsistance allowance equivalent
to fifty per cent of the last drawn wage for the first six months and at seventy
five per cent of the last drawn wage beyond six months during the period of
suspension. The total period of suspension shall not however exceed one
year in any case. If the misconduct is not established or the total period of
suspension exceeds one year, the employee shall be entitled to full wages
during suspension period and the period of suspension shall be treated as on
duty.

Remain amiable and gentle.

Transact under proper acknowledgment.

Build irrefutable evidence.

Such and all maters can be resolved by employee with skills of persuasion, persistence, reasoning, negotiations.

Like any other skill such skills can be acquired.

Employee should have such skills.

Handling the bosses is also skill.

A properly informed employee and community of employee’s that united (unions), properly informed can defend their interest much better.

Employee(s) that are poorly informed and are not united are like; sitting duck: and prone to exploitation.

The employee’s/trade unions have traditionally been strong.

It is surprising that employees in IT/ITeS sector are uniting and are very well knit in many states.

While in states like Karnataka, Tamilnadu, AP etc they have formed Unions are embraced by Trade Unions and have done a good job.

Probably you are not aware that: State of Kerala has included IT employees in Min. Wages. I have posted and attached notification in old threads, years back.

You can Search thru Search option.

In State of Kerala: ‘Kerala Government has brought all Commercial Establishments into the purview of Standing Orders’.  

Standing Orders (Certified/Model) provide for good working conditions: many benefits/protection to employees, e.g; 'Service Certificate' to each employee.

Standing Orders also provide for; Faithful Observance of standing orders by employer or employer itself can be penalized.  

You may go thru:

https://www.lawyersclubindia.com/experts/Kerala-shops-and-estabilishments-act-566406.asp

and other threads mentioned in it and download.

Not only Kerala: Delhi has also placed notification on ‘Service Certificate’ on its website.

Karnataka: Has notified; ‘Grievance Redressal Committee’.

ID Act provides for; ‘Works Committee’ and accords it status of Authority.

If the need be ever:  IT-ITeS Employee’s Unions/Trade Unions, your own able counsel specializing in Labor/service matters, can take care of everything that you aim and need.

Hi Kumar,

   Thank you very much for your patience and helpful nature in helping the people like me. I will try to reach out local unions and seek more inputs. However I would like to insist that the info which have given is priceless.

Thanks,

Venkat

Dear LCI Querist @ Venkat,

You are welcome.