Termination of service for non performance

Ashmin,

Seems the Senior Management is also inactive and supporting your boss. Even after escalating to the higher ups they have not taken any initiative & continuing with the similar issues.  

In the above circumstances its better to meet the HR and submit your resignation and get relieved instead of termination so that you can join some other organization.  No one can stop your Gratuity payment, as far as notice salary is concerned you better to have a discussion and conclude with resignation, complete the notice period if required and proceed.

Thanks,

Kameswarao

They have issued the termination letter and i dont think they will want me to serve any notice period.  I have all the documented proofs, is it not possible to get a compensation for all the mental trauma i have gone through. 

What exactly is your interest?

Is reason of termination stated in termination order? Say; Non perfromance?

Has the company issued stinkers, memo, SCN etc to you on some misconduct?

The notice pay has to be paid in case the termination is not due to misconduct (established misconduct).

Non performance or non achievement of sales targets is not misconduct. 

What is Non perfromance in your case; non achievement of sales targets or anything else?

Yes, they have mentioned it as "deficient results" for 2 years . Otherwise no misconduct, i have worked within the norms of the organisation in a compliant manner. 

Gratuity can only be forfeited per;

Paymemnt of Gartuity Act,1972; 4(6) 

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

That too after issuing proper notice, providing opportunity of hearing, domestic inquiry, natural Justice............

Non performance or non achievement of sales targets is not misconduct or damage or loss to employer or unruly act or riotous act or disorderly conduct or violence or moral turpitude. 

What is Non perfromance in your case; non achievement of sales targets or anything else say; misconduct or damage or loss to employer or unruly act or riotous act or disorderly conduct or violence or moral turpitude?
 

Yes, it is non acheivement of sales targets 

in 2015 69% acheivement  with -13 %degrowth 

in 2016 87% acheivement with 15% growth 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation? 

What is notice period as per appointment letter/offer letter for termiantion and what was notice period tendered to you by employer? What is notice period if employee has resigned?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Frankly speaking: Your Tgt vs pef. can bother any manager, establishment.

End result is as in your case.

What was the target in 2013, 2014 and achievement in % growth over above last years?

What was the growth in targets in 2015, 2016?

Was it same as in your case and other employees at other locations?

Did you lose due to competitor promotional activities, poor/inadeuate activities by your establishment, incompetence of your managers to handle competition and guide you, price revisions, etc etc 

Do you have valid grounds and irrefutable evidence to agitate for damages?

If yes what is it?

If you have sufficient grounds; engage HR/IR personnel and negotiate and get a feel if they are inclined to negotiate..............

Are they willing to negotiate?

What is this establishment; Commercial, Industrial? 

US based pharmaceutical company

What is its nature of business say; IT, ITeS? Sales and marketing

How many persons are employed in it?  6000

What is your designation and nature of duties? Therapy specialist, my job profile is to promote the product to doctors and take care of tge business in the given geographical territory.

How many persons report to you? 0

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No

You are in which state? Chandigarh

Since how many months you are working? 10 years

 Are you under probation period or your service is confirmed in writing? Confirmed in writing

  Do standing orders (model/certified) apply to establishment and your designation? Yes

 What is notice period as per appointment letter/offer letter for termiantion and what was notice period tendered to you by employer? No notice, termination with immidiate effect

What is notice period if employee has resigned? 3 months

Was ever any stinker, memo, show cause notice on any misconduct issued to you? No never

Does the establishment have its appraisal system? Yes

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? My boss has not even visuted my territory in last 2 years. We have been playing mail mail..

How was your performance? My performance was at power with otyer territories, Delhi has also been degrowing in last 2 years and that too worse than me. 

Are you a member of employee’s/trade unions? No

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?     Yes, all documents like salary slips, Form 16 have been issued timely on the portal.

I think I have sufficient emails against management for non cooperation and mental harassment. I was delibrately given high targets. My expenses which are submitted online weren't approved though the same wasn't happening with my colleagues. I was being victimised. 

HR was tgere in the meeting in Head office on 18th August where i had requested for a 3 months time and also discussed about my manager but they weren't ready to listen and they issued the termination letter. It felt like things were already decided.

Originally posted by : Ashmin
	What is this establishment; Commercial, Industrial?  US based pharmaceutical company   What is its nature of business say; IT, ITeS? Sales and marketing How many persons are employed in it?  6000 What is your designation and nature of duties? Therapy specialist, my job profile is to promote the product to doctors and take care of tge business in the given geographical territory. How many persons report to you? 0 Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No You are in which state? Chandigarh Since how many months you are working? 10 years  Are you under probation period or your service is confirmed in writing? Confirmed in writing   Do standing orders (model/certified) apply to establishment and your designation? Yes  What is notice period as per appointment letter/offer letter for termiantion and what was notice period tendered to you by employer? No notice, termination with immidiate effect What is notice period if employee has resigned? 3 months Was ever any stinker, memo, show cause notice on any misconduct issued to you? No never Does the establishment have its appraisal system? Yes Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? My boss has not even visuted my territory in last 2 years. We have been playing mail mail.. How was your performance? My performance was at power with otyer territories, Delhi has also been degrowing in last 2 years and that too worse than me.  Are you a member of employee’s/trade unions? No Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?     Yes, all documents like salary slips, Form 16 have been issued timely on the portal.

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