Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
Riteshmaity
Labour Law Advocate
+2 Others

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Dear all
Please guide What I can do or is labour court will justify.
I am working in XYZ (removed for privacy). PVT. LTD in mumbai.
Since Company is loosing jobs , and only 2-3 jobs in hand, has stated removing employees based on performance.
I am with xxxx since 20 years & now xxxx is insisting me to resigning based on low performance .
But Company never given me in writing about my low performance , also I was assigned jobs till date.
Also company is affording to recruite some in piping electrical etc. , alos some employees has been working still after retirement
Please help me is I refuse to give resignation .
Regards

From India
If you refuse they will find ways to terminate your job.
Discuss with them find out where they feel your job is not upto mark.
Promise improvement.
What position do you hold in the company?
Is it a key appointment or key position?
Best option is look around ,while trying to discuss with company for continuance in job.
By fighting your chances will be low.
Probably as company is facing finance crunch,they want to cut down staff in any way.

From India, Pune
Dear friend,

This is in addition to what Mr Nathrao has said. My foremost suggestion is to make your post anonymous. Since you have mentioned the name of your company, it is better to do so.

You have taken chance by working in same company for long. You are attuned to the culture of the company and the notice for resignation has come out of the blue. You could have found out earlier wind is blowing in what direction and could have been preemptive in searching a suitable job. Probably you had taken blinkered view because your long stay in the company. Because of long stay, you had developed mental inertia and the notice has unsettled you emotionally. When you joined this company, what was your designation and what is your current designation?

Nevertheless, now your continuity at the company has come under the scanner. There is no point in crying over spilt milk. Therefore, even now also you may start searching for a suitable job. As Mr Nathrao has said, there is no point in taking on your employers. There are ups and downs in life. Who knows you could get still better job than the current one.

Lastly about comparison with other staff members either newly recruited or retired ones. Perceptions of the management always differ from person to person. Who knows these people could be working at lower salary as well.

All the best!

Dinesh Divekar


From India, Bangalore
I am working as a Assistant Manager in Mechanical deoartmnet & is assigned on project. But company has given target to our HODs to remove any employee in their dislike.
If company would have been in finantial cruch , they should remove who have been recruited recently.
Only selective people are targeted based on performance & we 2 ladies are selected.
Company never told us before abour my low performance.They just say as compared to other employee of same grade as mine, ur performance not good.
Unless & until I get other job how will I resign?
Regards

From India
Your problems are genuine.
Company has its own views on the subject-financial crunch,order position and things like that.
Look around with vigour now that you know that your job is in danger.
Is the project your are working going on or completed?
You know the company better-why they want to remove senior staff and not junior?
The juniors may be more trainable and qualified in latest technology-so many reasons.
You have to understand that time for job change has now come up and you need to seriously look and leave this company in good terms so that you can get favourable reviews also.

From India, Pune
@DEVAYANI SAMEER PAI
If the company wants to remover an employee due to financial crunch, then the company is liable to retrench the employee and pay retrenchment compensation to him. And the first who was appointed last, has to go first.
Even the company wants to remove someone for low performance, then opportunity is to be given to improve such low performance and then such low performance has to be proved in a domestic enquiry before terminating the service.
Victimization is purely illegal and comes under the unfair labour practice.
Check my blog at www.labourlawhub.com

From India, Kolkata
Sir
But only 4 ladies are targeted , which are in dislike for resignation.
IT is is injustice to us , as we need atleast 1 year time to get JOb, considering our 20 years job service as you know market outside is also down.
Can I request this 1 year breathing time?
Regards

From India
Put up a representation in writing.
Highlight all the good jobs done by you.
Politely let the management know that sudden low performance was never mentioned earlier and there are no records to substantiate poor performance.
You can fight in a court of law against unfair labour practise but with the time and expense involved,it would be better to look around for alternate jobs.
You need to handle this very carefully and you are the best judge as to circumstances of the company-finance,orders,new recruitments etc.Put up things in proper manner and hope the management understands.

From India, Pune
You have two valuable qualification - experience of 20 years in mechanical department and a good position as asst. manager. These will surely help you to land another job that may be even better than the present one (as Mr. Divekar pointed out.) I see no point in discussing with the present management who seem to have decided the issue.
Try a new avenue, even in another industry. But, make sure to create a powerful resume that will highlight your abilities and how you can contribute to the new company. You WILL succeed and prosper.
Best wishes,
R Ganesh

From India, Bangalore
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