Hello,
I have worked in this IT company for 2 and a half years. I was put on the Performance Improvement Program during last Month and today I received a mail from HR stating that - "Your performance during PIP was unsatisfactory and you are requested to resign tomorrow". I can resign tomorrow but the issue is I had signed a Bond with the company during my joining and 1 month is still pending for my bond completion. I had not submitted anything like cheque,marksheet to the company as security. I am having all this communication with HR over the mail. What should I do? Should I wait to be terminated?
From India, Ahmedabad
I have worked in this IT company for 2 and a half years. I was put on the Performance Improvement Program during last Month and today I received a mail from HR stating that - "Your performance during PIP was unsatisfactory and you are requested to resign tomorrow". I can resign tomorrow but the issue is I had signed a Bond with the company during my joining and 1 month is still pending for my bond completion. I had not submitted anything like cheque,marksheet to the company as security. I am having all this communication with HR over the mail. What should I do? Should I wait to be terminated?
From India, Ahmedabad
Bond is only technical. Forget about it. If you were under a performance Improvement Plan (PIP) and you have not shown any improvement it is good that you resign. Otherwise, the company can easily terminate you. If terminated, your career will end there, that you will not get a good job anywhere. The termination letter will say that you were given an opportunity to improve but you failed and subsequently the management is constrained to terminate you from service. Therefore, I advise you to resign and get a certificate showing that you have been relieved following your resignation.
From India, Kannur
4279From India, Kannur
Thank you for the response. I want to add below details.
In my company, I have seen HR not easily giving Experience and Relieving letters to employees who resigned during the bond period. HR asks for the loss of pay for the amount equal to that signed in the Bond. Below is the mail that I received from HR, requesting early release mail from my side that I will be removed from the company on the same day:
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"As per the previous email regarding your PIP, you were provided with a list of areas of improvement.
The PIP ended yesterday and below are the observations:
During the PIP, there was no significant improvement seen at a good enough level. As a result, you are being relieved from the services, effective 7th January 2025.
We request you to send a resignation email to us, requesting for early release of 7th January 2025."
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As per the above mail, I would be removed on the same day I put in the resignation mail.
Would it be safe if I resigned?
Regarding the PIP I did most of the tasks on time, but not all. Further to add, I have sufficient leaves SL and CL that I can take leave for 2 weeks, until which my Bond would be completed as well.
From India, Ahmedabad
In my company, I have seen HR not easily giving Experience and Relieving letters to employees who resigned during the bond period. HR asks for the loss of pay for the amount equal to that signed in the Bond. Below is the mail that I received from HR, requesting early release mail from my side that I will be removed from the company on the same day:
----------------------------------------------------------------
"As per the previous email regarding your PIP, you were provided with a list of areas of improvement.
The PIP ended yesterday and below are the observations:
During the PIP, there was no significant improvement seen at a good enough level. As a result, you are being relieved from the services, effective 7th January 2025.
We request you to send a resignation email to us, requesting for early release of 7th January 2025."
-------------------------------------------
As per the above mail, I would be removed on the same day I put in the resignation mail.
Would it be safe if I resigned?
Regarding the PIP I did most of the tasks on time, but not all. Further to add, I have sufficient leaves SL and CL that I can take leave for 2 weeks, until which my Bond would be completed as well.
From India, Ahmedabad
I don't think that the HR person would be so foolish to demand Bond amount because if he demands bond amount then the entire PIP will become just an intentional one to avoid an employee. The HR should know the consequences that will follow if he demands bond amount also along with forcing an employee to resign. In fact, no HR can send a mail like this where in he has asked you to resign. If your performance has been unsatisfactory, instead of asking you to resign the HR should have sent a show cause notice informing that the management has decided to terminate you from service, and if you wish to say something you should make it in writing within, say, three days. When this is the procedure, the HR has mailed to that you will be relieved on 7th and again has asked to put the paper also. the second one is a technical error committed by the HR. But if you feel that soon after submitting the resignation, they will demand bond amount, then you should take the employer before the law. Therefore, please talk to them. Before that study what is written in the Bond regarding termination of employment by the employer. If the bond is enforced even when the employer terminating the contract then it would be a gainful business for them, that they can hire employees with a bond for two years, and just before that ask the employee to go on any ground including bad performance and then collect a very good amount as bond! That should not be allowed. First the bond itself is illegal, and now in this case, demanding bond amount when the employer himself is violating the bond. That is not possible. Therefore, speak to the HR person. You should tell him that if he demands bond amount, it would be against the law and he will be taken to the court.
From India, Kannur
From India, Kannur
Okay. I am attaching the Bond pdf below for your reference. I am very grateful for your advice as I did not know whom to trust at this stage and seek advice and take help. I used "Anonymous" instead of My Name in the Bond pdf. I have used "XYZ" in place of the Company's Name.
"My Bond will end on the 18th of this month."
P.S.: If you face any issues while downloading the pdf please let me know, I have verified it from my side and it is downloadable.
From India, Ahmedabad
"My Bond will end on the 18th of this month."
P.S.: If you face any issues while downloading the pdf please let me know, I have verified it from my side and it is downloadable.
From India, Ahmedabad
The company itself knows that the conditions in the bond are "negative" and are negative covenants...! It is an anticipatory bail taken by them. anyway, this bond is not enforceable by law. Certain clauses (like clause 6) are just whims and fancies of the employer, but under the law in force, the employer cannot just dismiss an employee even if there is a bond like this. Moreover, if there is a bond it should be equally liable to both the parties. The employer cannot exploit or take advantage of a situation that the employees are weak in bargaining because of the situation in the labour market. You should take it to the law enforcing authorities.
From India, Kannur
From India, Kannur
Understood, it makes sense, but it's still challenging for me.
Further to add, I have not received any prior written feedback or formal warnings regarding my performance before being placed on the PIP. While my Reporting Manager did provide verbal feedback in July 2024, I am concerned about being put on a PIP without sufficient prior notice or any formal indication of issues. Over the past two years, I have received two Appreciation Letters from the company—one in the first quarter of 2023 and another in 2024—which makes this situation even more confusing.
Regarding the bond, if I request via email to nullify or disregard the bond, I believe HR may not acknowledge or accept any such request. My immediate priority is to focus on preparing for interviews and securing a new job, as I don’t have the time or energy to get involved with HR or a Labour Officer at this point.
My main concerns are:
1. Resigning before completing the bond: I fear that if I resign early, they may complicate the exit process, potentially withholding my Experience and Relieving Letters.
2. Requesting a one-month extension: My notice period is 2 months, but based on the email I received from HR, they are requesting an early release, which suggests they do not want me to serve the notice period. I am considering asking them to at least allow me to complete one month of the notice period.
3. Using my leave balance: Alternatively, I am thinking of utilizing all my sick and casual leave until the bond period ends, allowing me to resign at my own pace without being pressured by HR’s immediate request.
Given these circumstances, I would appreciate your advice on the best course of action to navigate this situation effectively.
From India, Ahmedabad
Further to add, I have not received any prior written feedback or formal warnings regarding my performance before being placed on the PIP. While my Reporting Manager did provide verbal feedback in July 2024, I am concerned about being put on a PIP without sufficient prior notice or any formal indication of issues. Over the past two years, I have received two Appreciation Letters from the company—one in the first quarter of 2023 and another in 2024—which makes this situation even more confusing.
Regarding the bond, if I request via email to nullify or disregard the bond, I believe HR may not acknowledge or accept any such request. My immediate priority is to focus on preparing for interviews and securing a new job, as I don’t have the time or energy to get involved with HR or a Labour Officer at this point.
My main concerns are:
1. Resigning before completing the bond: I fear that if I resign early, they may complicate the exit process, potentially withholding my Experience and Relieving Letters.
2. Requesting a one-month extension: My notice period is 2 months, but based on the email I received from HR, they are requesting an early release, which suggests they do not want me to serve the notice period. I am considering asking them to at least allow me to complete one month of the notice period.
3. Using my leave balance: Alternatively, I am thinking of utilizing all my sick and casual leave until the bond period ends, allowing me to resign at my own pace without being pressured by HR’s immediate request.
Given these circumstances, I would appreciate your advice on the best course of action to navigate this situation effectively.
From India, Ahmedabad
In continuation...
4. What if I request an extension of my PIP by 2 to 4 weeks? If granted, this would be very much helpful to me. Additionally, this extension would align with the completion of my bond, giving me sufficient time to explore other job opportunities while ensuring a smooth transition. Along with this, I can resign during ongoing PIP as well after Bond completion.
Do all of the statements especially the 4 points sound too childish and too good to be true?
From India, Ahmedabad
4. What if I request an extension of my PIP by 2 to 4 weeks? If granted, this would be very much helpful to me. Additionally, this extension would align with the completion of my bond, giving me sufficient time to explore other job opportunities while ensuring a smooth transition. Along with this, I can resign during ongoing PIP as well after Bond completion.
Do all of the statements especially the 4 points sound too childish and too good to be true?
From India, Ahmedabad
You can do one thing. that yo submit resignation with notice period of two months. The resignation should also speak about the attempts on the part of management/ HR to establish that you did not perform to the expectation of the management. If you have put the paper saying that "as per clause .....of contract of employment I am giving two months' notice of resignation and I may be relieved from service on 6th March 2025. During notice period, I shall be available for knowledge transfer and handing over of my functions", then the management would have no other option but to allow you to remain in the office for two months, or to relieve you by paying two months' salary. Then it will become their initiative to break the bond. This can be done.
From India, Kannur
From India, Kannur
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