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Anonymous
Dear All,

I've very interesting case & need your guidance:

Sales Executive @ 6.5lac CTC was a performer in one division & has been shifted to another division. Unfortunately current division was not doing well in that market so his performance were affected badly. Market was not responding to this division because of Company's own system & process by appointing wrong distributor. Both Manager & Sales executive has reported this problem to higher management for immediate remedies but it was never answered. Gradually sales number down significantly. Sales Executive was also demotivated but trying hard to improve the market. All kind of adversities are due to company policy & despite of all this Higher management suggest his Manager to put this Sales Executive into PIP ( Performance Improvement plan) for 90 days. Within that 90 Days matrix has been suggested to evaluate at the same time Management also promised to help him by appointing Right Distributor. His PIP period over in Dec'13, among all matrix on Process he was 100% but Performance he couldn't because Management failed to appoint Distributor. Again as benefit of Doubt his PIP period has been extended by another 60 Days & again management promised to appoint Distributor within week. Again his PIP period over on Feb'14 but company failed to appoint Distributor. His Manager has not given him any feedback on his extended PIP.He got Increment in Mar'14. On Jun'14 all of sudden HR manager recalled his PIP & conveyed to Sales Executive that he failed in His PIP so Company has right to Terminate.

Qu:1 Can a Sales Executive be put in PIP consecutively twice?

Qu.2 If extended PIP period was over on Feb'14 & Increment given on Mar'14, then Can HR recalled previous PIP Failed & on basis of that can terminate?

So Seniors please help in this situation.

Regards

From India, Mumbai
Dinesh Divekar
7855

Dear friend,

At the outset let me show my empathy with your friend. What has happened with your friend is quite unfortunate. Few companies are very good at ruining their employees' career. Anyway, you have asked two questions. Check their replies in italics:

Qu:1 Can a Sales Executive be put in PIP consecutively twice?

Yes anyone can be put in PIP twice. It is discretion of management. Nevertheless, in the case at hand management was also equally responsible for not appointing distributor in the given time period.

Qu.2 If extended PIP period was over on Feb'14 & Increment given on Mar'14, then Can HR recalled previous PIP Failed & on basis of that can terminate?

In large number of companies, HR does not have voice of its own. They fulfil the whims and fancies of the top management. In this case it appears that HR is at front, however, someone else is shooting keeping gun on HR's shoulder.

This appears to be a unprofessional company. Therefore, nothing wrong if incidents of this kind happen. Tell your friend to handle the matter judiciously. HR has only called and told that they have right to terminate. Let your friend explain his position. Let your friend be polite and not lose his cool. Let us find out what HR does.


All the best to your friend.

Dinesh V Divekar


From India, Bangalore
Anonymous
Dear Mr.,Divekar,
Thanks lot for your suggestion.
Following things developed later.
My Friend has been called in Gurgaon office & HO has provided him to & fro ticket on same day.
He has been asked to resign & they tried lot to pressurize him to sign resignation letter. He didn't signed So they terminate him. His termination letter reached to him after he return from Gurgaon. He immediately replied to HR to know the reason of teermination, HR has replied it's because of Non Performance issue. So now please suggest How he can get the justice.
Regards

From India, Mumbai
Dinesh Divekar
7855

Dear Friend,
I had given my reply to your post on 15-06-2014 and you have come back on 15-02-2015 which is precisely eight months later. You have given update but then one important thing that is missing is date of termination. When your friend was terminated that you have not mentioned.
If your friend was Sales Executive then I doubt whether any person was reporting to him further. Therefore, immediately after termination, he should have approached the labour officer of the area where office is located. If not satisfied with the decision of the labour officer, he could have given the lawyer's notice.
Thanks,
Dinesh Divekar

From India, Bangalore
Anonymous
Dear Sir, compny terminate the employee by cause of performance in this case company ask he will not payable a retention mony. Is that right?
From India, Pune
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