This will be a big story but a valid help with proof is what i need:

I work in an IT firm. Our performance ratings is based on half yearly basis.My Lead gave me ratings of 4(lower) and wanted to put me in Performance Improvement Plan. I challenged him, as he was a new lead to the team. In the meetings (pip discussion) with the hr I found that I was evaluated on wrong data. Even the hr was then aware of this. I had proof to prove myself. But as usual, the HR and Management seemed to be each other buddy, the verdict was funny. They said "We do agree that there was a lapse in communicating the pip to you but will have to go through the pip process". I then said, "I will come back to you". I went quietly at my desk and resigned.

Now, I resigned on 6th dec and we has again the performance ratings. Again my lead rated me 4.

I spoke to the hr and they said that since you did not complete those pip meetings and resigned so may be that's the reasons. In the comments of my performance my lead write about pip being incomplete and has worked good as he received appreciation emails from clients

I heared from my friends that there is an indian law which says you cannot demotivate a person if he has resigned. Anyone out there? Are you aware of such laws please let me know (details (section stuff))and yes!!! does that law comes under IT industry?

Performace review cycle: 1st: Jan to June ---- 2nd : July to Dec

thanks for reading (if you have read)

From India, Mumbai

Labour Law Advocate
As far as I know there is no such laws. Demotivate is a subjective term and there is no mention of such word. However, some remedy may be available if employee is demoted in rank.
From India, Kolkata
Dinesh Divekar

Business Mentor, Consultant and Trainer
Dear friends,

Your case is out of purview of the labour laws. It fits perfectly within the precincts of HR Management.

Yours is a classic example of how companies in general and HR in particular bungle Performance Appraisal (PA). This process, if executed properly, is a great tool of personal development as well as organisational development. However, ham-handed approach has eroded the importance of the entire process.

Why employee was evaluated on wrong data? Even if this anomaly was discovered at later stage, rather than treating the PA as null and void, HR continued to maintain its validity and told the employee to complete the PIP. This is ridiculous.

Worst still, if the faulty PA was cause of the employee exit then HR did no efforts to retain the employee. No efforts were made to persuade to continue his employment. What a impersonal attitude of HR?

For the Originator of the Query: - It appears that you were impetuous when you resigned owing to the faulty Performance Appraisal (PA). You could have escalated the matter still further and waited for the outcome. However, your resignation lent credibility to the faulty PA. Your resignation has given cover up to HR as well as your newly joined Team Leader (TL) on their acts omission and commission.


Dinesh Divekar

From India, Bangalore
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