Termination of employment
Querist :
Anonymous
(Querist) 03 December 2023
This query is : Resolved
I am working in MNC( IT sector) . I joined in this company on 25 july 2022. Around 6 months back, Due to delayed delivery of project, my supervisor asked me search job outside. But i did not accept. Recently he initiated performance improvement plan (PIP)and planning to terminate my service if expectations are not met. My query here is that 1. Will the employer issue termination notice if my performance is not as expected? 2. In between my supervisor finding the ways to terminate on basis of misconduct. He is shouting in meetings at me in front of people for minor things, still I am keeping quiet. Is the employer has right to terminate on basis of misconduct during performance improvement plan? Because my supervisor is finding ways to terminate as soon as possible. Please advice.
Thanks
Sudhir Kumar, Advocate
(Expert) 03 December 2023
1. Will the employer issue termination notice if my performance is not as expected?
WHAT ELSE DO YOU THINK THEY SHALL DO.
2. In between my supervisor finding the ways to terminate on basis of misconduct. He is shouting in meetings at me in front of people for minor things, still I am keeping quiet.
WHAT ELSE DO YOU EXPECT THEM TO DO.
Is the employer has right to terminate on basis of misconduct during performance improvement plan?
WHY DO YOU THINK EMPLOYEE CANNOT TERMINATE SOMEONE WHO IS NOT ABLE TO MAKE PERFORMANCE.
Because my supervisor is finding ways to terminate as soon as possible. Please advice.
IF YOU ARE TERMINATED AND YOU FEEL TERMINATION IS WRONGFUL YOU CAN COMPLAIN TO THE LABOUR COMMISSIONER IF YOUR EMPLOYMENT FALLS WITHING DEFINITION OF "WORKMAN".
You have however not disclosed nature of emp;loyment.
Querist :
Anonymous
(Querist) 03 December 2023
Hi Sudhir Kumar,
Thank you for your response.
I am working as software engineer in a multinational company.
Termination is rightful on grounds of poor performance or employee no longer fit for their business requirement. My query here is that after completion of performance improvement plan that has been given to employee an opportunity to improve, will the employer terminate if they are not satisfied immediately or will they give notice stating last date of employment?
kavksatyanarayana 
(Expert) 03 December 2023
Are you a permanent employee? The terms of employment are given in the offer letter that the company asks you to sign while joining. Usually, both the employee and the company must give notice of a few months, either when the employee resigns or if the company fires. If the notice is not given, the employee (if they resigned) or the company (if they fired) have to pay a penalty. You may file a case in Labour Court.
T. Kalaiselvan, Advocate
(Expert) 04 December 2023
1. Your employer will take action as per the conditions of the employment. 2. You can initiate defamation action against your supervisor if he is insulting in public
This is a repeated question.
