Madhu.T.K
Industrial Relations And Labour Laws
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Yogeshmprajapati
Java Developer
+1 Other

Hi All,
Please look into my scenario and suggest me what to do.

My employer wrote "Performance of this person was found to be an average" in my relieve/experience letter, i wrote registered letter to company with proof which shows my performance was not an average.

now today i got mail from HR showing that

"You were rated as an ‘average’ during your tenure with the company on the basis of your performance and other cultural/behavioral issues for which you were counseled from time to time. Please note that we have taken the process of the company into consideration while issuing your relieving letter.


However, if you wish to have a meeting with us to discuss this matter further, you may please meet us in the presence of our Legal Advisor & Advocate Mr. X, whose address is given below. You are requested to confirm your convenient time on any working day (Mon-Fri) between 6 PM and 7 PM. "

Please suggest what can i do with this case.
- can i meet them with my lawyer ?
- instead of clarification they wrote same thing in mail which was written on letter.
- in letter they wrote "Professional" word and now they come up with "cultural/behavioral", is this time to share this with me. if they are sure about that than they should clarify in letter.

Thanks.
8th December 2015 From India, Bangalore
Please consider "employer" instead of "employees" in subject line.
8th December 2015 From India, Bangalore
It is not a good HR practice to write such things in the experience letter. It costs a lot to the employee but gains nothing to the organisation. If the employee has actually been performing below the average, yes, you can ask for resignation, but should never issue a relieving order which will cast stigma to the employee. In Anil Kumar Vs Labour Court, Jalandhar (1986-1-LLJ 101) the Supreme Court has ruled that if any order of dismissal is likely to cast a stigma then it has to be in accordance with the principles of natural justice. Issue of an experience letter with a wording that the employee has been rated average in performance is going to cast a stigma since with this experience letter he may find it very difficult to find another job. Before issuing such a certificate the management should have given the employee at least reasonable time to improve his performance. The management should have offered this proposed discussion before issuing such an experience letter to the employee.

Now when the employer has offered you an opportunity to be heard in the presence of their legal adviser, you can very well attend it and it would be proper if you take with you your lawyer for defence. Law permits this kind of appearance.

Before attending the meeting, you may study the procedures involved in the companys performance management system and see if you were subjected to evaluation according to the policy. If you were not evaluated and based on that you were not communicated of your performance ranking, the wordings in the service certificate should be challenged.

Madhu.T.K
8th December 2015 From India, Kannur
In every organisation, except a few, the Appraisal flows from the TL to HOD, HR and so on. The first hand impression is given by the TL/ HOD except in few cases where the CEO or some other officers who would have direct contact with the subordinates on whom the appraisal is made over rules the comments of TL/HOD if they would have diff.of opinion. In the present case I don't think without the comments of HOD/TL 'the average' comment would have emerged. Therefore I suggest you should first talk to your TL/HOD about it and try to ascertain the reasons/instances for 'average' grading. And request them possibly, to amend the comments. The legal route in these circumstances may not give you the desired results as the 'average' grading is not a bad performance as it's influenced by behavioural issues which is difficult to be contested in hindsight and opinions seldom could be corrected by contesting inretrospect.
9th December 2015 From India, Bangalore
It was certainly in bad taste for the Company to write such remark in the relieving letter.
However were you ever counseled on the average performance issue or behavioral or cultural issues as they state in the letter?
Also why do you think company has issued this kind of letter? have you crossed swords with any of your departmental colleagues or seniors or with HR?
A S Bhat
9th December 2015 From India, Pune
Thanks Mr. Madhu for your time and guidence.
They never communicate with me regarding cultural/behavioral issue and they wrote "performance was average" in my re leave letter so i wrote one letter to them which shows my performance was not an average.
and now they come with behavioral/cultural issue.
10th December 2015 From India, Bangalore
Mr. asbhat
If i crossed swords with anyone from HR or management than they should notify me for that.
they should give me warning or should act as per company norms.
but i hadn't communicated before i leave organization.
10th December 2015 From India, Bangalore
Under the circumstances, I agree with Mr. Kumar & Mr. Madhu above. In any case there is no harm in meeting them and also pose a question very politely though, why such an issue never cropped up before, during your tenure or in annual appraisal (if any) made by your seniors/TL or HOD.
A S Bhat
11th December 2015 From India, Pune
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