Hi, One of our employees has put down his papers just 2 days after receiving the appraisal. The appraisal is w.e.f sept'2020. He put down his papers on 22nd Sept'20 and signed acceptance on the appraisal letter on 18th Sept'2020. Now he's asking for the increased salary as he has accepted the offer. Please suggest any legal repercussions here.
From India, New Delhi
Dinesh Divekar
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
Hr Manager
Deputy Commissioner Of Labour..a.p.

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Dinesh Divekar

Dear Spatyal,
When one reads the post, on the surface it can be concluded that the performance appraisal and separation from the company are two independent things. Former is for measuring employee performance in the past performance cycle whereas the latter is his basic choice on how long one will serve in a particular company. If the employee finds his interests lie outside the company then where is the problem? As long as the employee serves the notice period as per the notice period, everything is fine.
Your question is on legal repercussions of separation after the performance appraisal. However, be it noted that the performance appraisal and resignation are the internal matters of the company. Labour laws do not deal with the internal matters of any company.
Nevertheless, if one reads between the lines of your post, one feels a grouse that you might have on the resignation of the employee after the salary hike. Is this the real reason for your post?
Dinesh Divekar

From India, Bangalore

I fully endorse the observations of Mr.Dinesh. Performance appraisal is an objective and periodical exercise of the employer to assess the past performance of the employee to grant him pay hike. On the other hand resignation is the subjective decision of the employee to quit for his betterment. What is important is whether his resignation fulfills the predetermined exit clause of the contract of employment. When to resign subject to the exit clause is an exclusive choice of the employee concerned. If he resigns soon after getting a hike, it is not going to adversely affect the present employer but can enable him have an edge in the salary negotiation of his future job, if it is one among the reasons for his resignation. There is no questions of legality or ethics involved in such an action.
If the present employer prefers his retention, he can offer him a higher position with higher compensation package.
In fact, it will create legal and ethical issues, only if the employer refuses to effect the pay hike agreed in the appraisal in view of the resignation following appraisal.

From India, Salem

Mr. Satypal,
Whether there are repercussions or not depends on the terms and conditions of appraisal and/or policies of the employer. If you want specific reply, you can share your policies/terms of appraisal. The language used therein will have to be interpreted.

From India, Faridabad

There won't be any legal repercussions on company management, in awarding an increment to your employee. Even if he put his papers, performance appraisal is based on his past service of one year or six months (as per your Co.'s policy), and hence he is entitled to receive the incremental hike in his salary.
From India, Aizawl
Sir I have a concern I am working in teleperfomance MNC recently the process is rampdown and due to head count reduction they ask me for leave because they donít have that much requirement and they ready to give me 1 month paid salary but my question is that I have worked with company more than 15 months my gratuity amount some where 9000rs and company ask me to leave because they donít have job any more but I am not leaving the company from my wish I am still ready to work so in that case can I get my gratuity, if yes so how should I claim this and what is section and point refer to explain this to my company, I request you please answer my question I am waiting for your reply.
Thank you

From India, Indore

Sir rules are framed to receive and consolidate the reports. It should always be flexible. What did the entire world did when with co ordination with lockdown situation. So consider his performance add his benefits according to his achieved records. Any dates should be amendable in coopreate with your company employees always with receivable mind and comforts to achieve your large goals.

From India, Nellore

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