Pip issues

Please follow as per terms & conditions of your appointment letter.

sir may I PM you since I wanted to share something important

Simply said PIP is the passage to the exit.

You should not have signed the document until consultation and some preemptive representations on record.

Did the company issue verbal challenge before including in PIP?

 

Your endeavor should be to ensure that your name is excluded from PIP and PIP notice issued to you is removed from your personnel file maintained by HR.

 

You shall have to apply your judgment.

 

You have posted that:

 

------“I was put in PIP and was not given any information on same.’

 

Raise your demand to supply you the copy of PIP policy. It should contain flowchart on stakeholders in the policy, and sequence of HR action to be taken in case of employees included in PIP.

 

Obtain exit, severance, FNF policy of the company and look for the statement on issuance of relieving letter to employees listed in PIP.

 

Also look for clause and statement on notice period/pay in case of termination resulting in case of PIP………………..

 

Has the company arranged any training for employee’s included in PIP and arranged any support system so that they better their performance?

 

All said and done inclusion in PIP is not misconduct.

 

It is usually due to non achievement of set targets Vs performance.

You can come out of it by bettering the performance.

 

You may also carefully assess management’s vision and actions on restructuring etc as it might have decided to focus on employee’s with vintage with higher CTC and replace with fresh blood: of course with lower CTC………………….

 

------“However after discussing with senior management they said it's due to disconnect.”

 

What is this disconnect?

 

 

------‘I have been in meeting with the HR and no results have yielded till now.’

 

What are the minutes of discussion and flow of events?

 

------“If I put down my resignation during this time am i supposed to get normal relieving letter and FNF.

 

The inclusion in PIP stands recorded and inserted in your personnel file maintained with HR.

 

During BGV/reference Check Company may choose to cite it.

 

However during recession all players in the industry resort to it and know it.

The next employer may/may not reject the candidature.

 

If the fall in performance is uniform and universal across all offices, region, state, zone, pan India, individual employee should not be singled out.

 

 

 If the fall in performance is due to factors which are beyond the control of employee e.g. quality issues, service issues, loss of faith by customer in product/company/sector (e.g. financial sector ULIP etc), non availability of stock, uncompetitive pricing, lack of features etc………………………… individual employee should not be singled out.

 

 

--------“is there any law for same.”

 

The service conditions are stated in certified standing orders of the company extended to the designation of the employee, appointment letter, statue…………………….. Industrial Employment Standing Orders Act/Model Standing Orders……………

 

The service conditions stated in standing orders can not be negated in appointment letter.

 

Before termination employer should provide avenues for natural justice.

 

In case of PIP the employer shall scream that ample opportunity to better the performance was given.

 

Enactment like ID Act, State Shop and Establishment Act , set the rules and employees covered by the enactments would be protected up to that extent.

 

Majority of the employees do not form and become member of trade unions.

 

While the fact is that united employees become formidable and can negotiate and defend themselves……………….

 

Companies allot fancy designations to subdue the employee and impress that employee is not covered by these enactments………………………..and rather that employee-employer relationship is Master-Servant relationship controlled by Specific Relief Act and courts of law should not sit on such matters.

 

Approach a competent and experienced labor consultant/service lawyer, show standing orders of the company, appointment letter, verbal challenge/ PIP policy, exit, severance, FNF policy, Tgt.Vs Performance data, PIP notice issued to you, give inputs in person, spend quality time with your lawyer and understand the merits and proceed under the expert advice. Let your lawyer structure and draft all your representations, to good offices.

 

 You may proceed as deemd fit at your end.

"

Simply said PIP is the passage to the exit.

You should not have signed the document until consultation and some preemptive representations on record.

Did the company issue verbal challenge before including in PIP?"

 

referring to the above statement thats what I wanted to discuss with you Sir.

i have been asked to sign off the PIP document online. my management has been after me to do so.

I read online that PIP should never be signed off since then it;s a legal document for the company to fire me easily in the future

therefore I have not signed off PIP document assigned to me by the company.

I have been asking them to send me in an email the reasons for putting me into PIP

also PIP targets were assigned to me after one month of putting me into PIP

that shows on that PIP document.

when I asked management about the same they had no answer.

when I asked HR about the same they said it should be provided within 7 days of putting an employee in PIP

when I asked for PIP policy document they shared same with me however nowhere same is mentioned about 7 days policy of setting targets

in the meanwhile I have been getting offers from different companies. therefore wanted to know if I can resign in PIP since I don't see either management or HR providing any assistance until I sign off that PIP document.

please assist

 

"

 

-------“I have not signed off PIP document assigned to me by the company.’

“I have been asking them to send me in an email the reasons for putting me into PIP’

 

If concerned personnel have not replied escalate to good offices of appointing authority, MD, CEO, Chairman, Company Secretary………………………by letter thru redg. post, and emphasise that your inclusion is PIP is wrong.

 

Your official email ID may get blocked any time.

Secure as ap copies of all communications pertaining to Tgt. Vs performance, appreciations, rewards, awards, incentives etc……………………. 

 

The matter is personnel and employee can and should always transact from personal communication address even if personal email id already in the record of the company.

However a letter by redg. post is always better.

 

The letter should be structured by a lawyer……………….

 

 

------“However after discussing with senior management they said it's due to disconnect.”

 

What is this disconnect?

 

Submit the minutes and record it. It shall be favorable communication on record.

 

------‘I have been in meeting with the HR and no results have yielded till now.’

 

What are the minutes of discussion and flow of events?

 

Submit the minutes and record it. It shall be favorable communication on record.

 

 

------“If I put down my resignation during this time am i supposed to get normal relieving letter and FNF.

 

IN all probabilities: NO.

 

Until or unless the PIP notice issued to you is removed from your personnel file………….

 

Submit carefully structured and drafted representations to place on record that your inclusion in PIP ( that is question marl on your performance  etc………………….) is wrong, erroneous ( due to disconnect as accepted by senior management ) and/or malafide…………………..

 

 

--------“when I asked management about the same they had no answer.

when I asked HR about the same they said it should be provided within 7 days of putting an employee in PIP”

 

Submit the minutes and record it.

 

-------“wanted to know if I can resign in PIP’

 

No one can stop you from tendering resignation.

 

However you may not get proper relieving and clean BGV………………………..

 

Apply your judgment, and proceed as deemed fit at your end

 

An adamant and recalcitrant line management/HR/company can dazzle you in many ways.

 

 

However before that submit suitable communications on record under acknowledgment and conclude that you have been representing but no one has addressed your grievances.

Later you may submit notice of resignation and hint that you are resigning under protest.

 

------“ I have been getting offers from different companies. ‘

These companies may state, during interview, in offer/appointment letter, that your appointment is subject to clean reference check.

 

If the current employer does not give clean BGV report you may be in the line for termination.

 

If possible mention in interview/acceptance of offer that the prospective employer should confirm to you in writing that it has conducted reference check and it is clean and you can be appointed.

Thus avoid any such statement (on BGV etc) to be inserted in appointment letter T&C of which are to be accepted by you in writing by your free will.

 

Approach a competent and experienced labor consultant/service lawyer, show standing orders of the company, appointment letter, verbal challenge/PIP policy, exit, severance, FNF policy, Tgt.Vs Performance data, PIP notice issued to you, give inputs in person, spend quality time with your lawyer and understand the merits and proceed under the expert advice. Let your lawyer structure and draft all your representations, to good offices.

 

 .Finally: Rest is up to you.

the labour put in by Mr Kumar Doab may be appreciated. 

Thanks for your input Sir.

I didn't understand that last part regarding clean BGV.

in my scenario if I have not agreed to sign off my PIP. I understand from the said action that am not accepting the PIP given by company. Therefore company has no legal claim (acceptance) from me.

I don't understand this :-

1. why is my management after me to sign off my PIP (does that make it easier for them to fire me later? meaning my sign off stands as legal document against me in future?)

2. Also if am resigning in PIP as most of my colleagues from other departments have done . howcome that inteferes with clean BGV for the new company ?

from industry scenario I understand that BGV is a straight process where my joining date and releiving date is confirmed as well as my title.

even if my current company mentions that I was in PIP when relived during BGV that doesn't give any right for new company to terminate my services or does it ?

how would new company be proved that i was in PIP ?

I never accepted it in the first place.

second what if I was put in PIP because management came to know am resigning ?

doesn't my new company consider this ?

these are few queries which lingering before I proceed further.

also Sir I wanted to mention and most of my colleagues were put in PIP who served long time in this company 4 - 5 years +

most of them resigned two months back however since for me it was a shock to me being an diligent employee and getting laurels for the team therefore I was in regular meetings and wanted everything on plain which my manager is not willing to provide.

earlier it was verbal however I have been writing emails to my manager who has not replied correctly

also he took me in discussion with my senior manager who abused me and disrespected my deceased dad.

 

 

 

 

 

You have posted that:

 

---------“I understand from the said action that am not accepting the PIP given by company.”

 

If you have not accepted then you may state so in writing under acknowledgment and cite defects.

The company on its part has supplied the notice to you, on record.

 

---------“I understand that BGV is a straight process where my joining date and releiving date is confirmed as well as my title.”

 

The company initiating BGV may ask any other information and company replying may add comments on comments, attitude, performance…………………..

 

--------“and wanted everything on plain which my manager is not willing to provide.

earlier it was verbal however I have been writing emails to my manager who has not replied correctly”

 

Did you raise your grievance to good offices…………………………….

 

---------“also he took me in discussion with my senior manager who abused me and disrespected my deceased dad.”

 

This is a grave misconduct on part of manager and senior manager.

You should have reported it to good offices. You could have lodged a police complaint.

 

There is no reason that such an insult should be swallowed.

Such managers are not fit to be left to loose around in a civilized society.

Probably this is a reason that to ease you out the managers have included you in PIP.

 

 

The company which has put in place system like PIP to claim that it has transparent systems……………must have put in place Grievance Redresal System too and there must be a committee to handle grievances…………………….This committee should complete its proceedings in 30 days………………………You may go thru Sec 9C: Industrial Disputes Act Industrial Disputes (Amendment) Act, 2010…………….

 

You may proceed as deemed fit at your end.

 

 

 

Sir, i just received email from manager stating that "The evaluation period starts from 11.06.2013 . The duration is two months." where I was put in PIP on 16 May 2013. when I asked manager after calling him that why delay of solid 26 days he informed that performance parameters were shared on 11th June 2013. He is not ready to answer delay of 26 days from his end in sharing performance parameters. Also I escalated this to Senior management who reverted me back to manager. I escalated same to HR and they informed that they will educate manager on same not to delay in future. but that is not helping me. am at a loss of 26 days plus I have not been shared transparent reasons for being put in PIP. I have an ethics helpline which deals with discrimination, harrassment and other issues pertaining to performance evaluations. Should I contact them since HR and management is not leading me anywhere. also am about to get offer letter from new company in next two days. should I check there offer as stated by you earlier for any clauses ? also I came to know that employee contacting ethics is a problem with management and HR. can that create problem during relieving in case I got further with the offer of new company ? thanks,

You have posted that:

 

-------“i just received email from manager”

Implies you have received email in July 2013……………..

 

“stating that "The evaluation period starts from 11.06.2013 . The duration is two months." “

Implies that more than a month is already over……………….

 

“he informed that performance parameters were shared on 11th June 2013. “

 

Implies that he has already inserted a noting on record and probably by now it has been inserted in your personnel file also…………………………………

It is felt that you have not even contested that no such parameters are shared with you…………

 

-------“He is not ready to answer delay of 26 days from his end in sharing performance parameters.”

 

The answer has already been supplied to you vide your posting that” I escalated same to HR and they informed that they will educate manager on same not to delay in future. but that is not helping me.”

 

Thus no relief for so called delay of 26 days being claimed by you………………

 

-------“plus I have not been shared transparent reasons for being put in PIP.’

 

What else can you expect from this employer?

Have you escalated to good offices?

 

You are remaining entangled with line managers and HR………………..

 

------“I have an ethics helpline which deals with discrimination, harrassment and other issues pertaining to performance evaluations. Should I contact them since HR and management is not leading me anywhere. “

 

 

“also I came to know that employee contacting ethics is a problem with management and HR.”

 

You are answering your queries on your own.

 

It is for sure that the employees in this dept. would also take care of interest of their employer and superiors and would not like to get a spot on the company.

 

-------“also am about to get offer letter from new company in next two days. should I check there offer as stated by you earlier for any clauses ? “

 

You should.

If this company also deserts you, you shall be loosing current and future employment, both.  

 

-------“can that create problem during relieving in case I got further with the offer of new company ? “

 

Who can stop an adamant and recalcitrant line managers/HR/ employer?

 

Moreover since you have something against them they need to protect their jobs, and to make it possible they have t ease you out without any blot on them.

 

Seniors know the play such game………………………… better than juniors.

You are pitched agaisnt seasoned players...........................of such games. 

Approach along with elders in the family, competent and experienced well wishers a competent and experienced labor consultant/service lawyer, show standing orders of the company, appointment letter, verbal challenge/PIP policy, exit, severance, FNF policy, Tgt.Vs Performance data, PIP notice issued to you, give inputs in person, spend quality time with your lawyer and understand the merits and proceed under the expert advice. Let your lawyer structure and draft all your representations, to good offices.

 

Defend your interest in the best possible manner.

 

 

 

 

again well elaborated by Mr Kumar Doab.