Bhartiya Akhil
Freelancer
Nathrao
Insolvency N Gst Professional

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Anonymous
Hi There, I work for a public limited firm in Gurgaon. Due to Covid19 lockdown its tough time for my company so my company has started laying off employees and they are using PIP(performance Improvement Plan) as a tool. Giving one month PIP and setting unrealistic targets for employees to achieve. All the employees who failed PIP were denied 2 months notice period or salary in lieu of notice. The PIP mail communication did not say that last date of PIP will be the last date of employment in case of failure in PIP, and PIP period will be considered as notice period.

What are the right of an employee in this case and can this be challenged in court? Since Appointment letter didn't have PIP clause. However the Termination clause says that either party is liable to give a notice period of 2 months or salary of 2 month in case of resignation/termination. the company had also started deferring 35% of gross salary since April'20. Can a company deny to pay deferred salary post resignation/termination?

From India, Delhi
The company is bound by the rules and regulations for termination or resignation.
If two months notice is to be given by employee,employer also has to give such similar notice period or salary in lieu.
PIP is a tool for performance improvement and not a tool to remove employees.
Put up a clear written representation to the company under proper acknowledgement.
In case they fail to redress problems, one can take it up legally.Other employees can join hands and share legal expenses.

From India, Pune
Thanks for your suggestion. Can we claim our deferred salary or we will forfeit it after resignation/termination?
From India, Delhi
Dear Abhishek-Mishra1,
While concurring with Nathrao, I suggest you whatever you want to do, do it collectively. This, I suppose not your individual issue.
Answer to your various queries depends upon various factors such as what is your cadre, your actual nature of work, whether you fall under ID Act, which chapter of ID Act applies to you - VA or VB etc.
It seems to me you don't fall under ID Act. You need to make your case proper to fight legally. You need to consult good advocate.

From India, Mumbai
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