Hi,
I was working in a Software farm from last 4 year 9 months. Company has terminated me without giving any proper reason in writing. In fact my Manager thought that he can replace my position with less experienced and less costly staff. So he played a game with me by giving low rating in my annual appraisal although remarks given against each KPIs were very good but given low rating, so that he can prove that I am low performer. I did not accepted that rating and put this to the HR but HR is not ready to listen.
After that he put me under Performance Improvement Program (PIP) for 2 months and terminated me without any notice and without any feedback of the PIP.
I did not get any amount for notice period. As per appointment letter minimum notice period for 2 months has to serve from both side.
When I talked to the HR, they are saying as per policy Performance Improvement Program should be treated as notice period, and company will not pay if terminated after Performance Improvement Program, which I was not aware and it was also not mentioned in the document I received from my Manager for Performance Improvement Program. HR also sent me a policy document where its mentioned that final performance related discussion will happen on the date given on Performance Improvement document, if feedback is upto the mark, employee will continue his job, else date given on the performance document will treated as last working day and no compensation will be paid against notice period. In my case, performance related discussion was not happened and the date given on the relieving letter is 20 days later on the date given in the performance related document. So as per policy document if employee continue his job from the date given on performance related document, should be treated as regular and will be consider as his/her performance program successfully completed.
I received a letter of acceptance from HR that I have given resignation, which is accepted by the HR Manager, but I did not offered such resignation. Interestingly the date given on the letter is Sunday, which is not possible as no company works on Sunday. One more interesting thing here, the reliving letter issued from HR is 2 days prior to the resignation acceptance latter issued from HR. Let say resignation acceptance letter issued on 7th July and reliving letter issued date is 5th July.
Here I have few questions;
1. The reliving letter issued by the company, which is 2 weeks prior to my last working day. Let say I worked till 21 July but letter issued of 5th July and company paid me till 5th July and did not paid till 21st July. I have all required prove that I worked till 21 July in the form of various mails including last day mail which I sent across to the company. One more interesting thing here as well, that I was on leave on the date given on my reliving letter, and I have mail as prove which I sent to my Manager.
2. Company did not paid my Gratuity amount and saying that 5 year minimum term is not completed.
3. Superannuation was part of my CTC in the first year and mentioned in my appoint letter but later on this component was removed from 2nd years onwards and was not mentioned in the annual compensation revision letter.
4. I working in Delhi based office and moved to Banglore from Delhi where Company has another office. So is it possible to sue the Company in Banglore Labour Court or please suggest any other suitable competent authority.
Keeping in mind above mentioned description, please answer queries of my all 4 questions.
Thanking you
Anu
I was working in a Software farm from last 4 year 9 months. Company has terminated me without giving any proper reason in writing. In fact my Manager thought that he can replace my position with less experienced and less costly staff. So he played a game with me by giving low rating in my annual appraisal although remarks given against each KPIs were very good but given low rating, so that he can prove that I am low performer. I did not accepted that rating and put this to the HR but HR is not ready to listen.
After that he put me under Performance Improvement Program (PIP) for 2 months and terminated me without any notice and without any feedback of the PIP.
I did not get any amount for notice period. As per appointment letter minimum notice period for 2 months has to serve from both side.
When I talked to the HR, they are saying as per policy Performance Improvement Program should be treated as notice period, and company will not pay if terminated after Performance Improvement Program, which I was not aware and it was also not mentioned in the document I received from my Manager for Performance Improvement Program. HR also sent me a policy document where its mentioned that final performance related discussion will happen on the date given on Performance Improvement document, if feedback is upto the mark, employee will continue his job, else date given on the performance document will treated as last working day and no compensation will be paid against notice period. In my case, performance related discussion was not happened and the date given on the relieving letter is 20 days later on the date given in the performance related document. So as per policy document if employee continue his job from the date given on performance related document, should be treated as regular and will be consider as his/her performance program successfully completed.
I received a letter of acceptance from HR that I have given resignation, which is accepted by the HR Manager, but I did not offered such resignation. Interestingly the date given on the letter is Sunday, which is not possible as no company works on Sunday. One more interesting thing here, the reliving letter issued from HR is 2 days prior to the resignation acceptance latter issued from HR. Let say resignation acceptance letter issued on 7th July and reliving letter issued date is 5th July.
Here I have few questions;
1. The reliving letter issued by the company, which is 2 weeks prior to my last working day. Let say I worked till 21 July but letter issued of 5th July and company paid me till 5th July and did not paid till 21st July. I have all required prove that I worked till 21 July in the form of various mails including last day mail which I sent across to the company. One more interesting thing here as well, that I was on leave on the date given on my reliving letter, and I have mail as prove which I sent to my Manager.
2. Company did not paid my Gratuity amount and saying that 5 year minimum term is not completed.
3. Superannuation was part of my CTC in the first year and mentioned in my appoint letter but later on this component was removed from 2nd years onwards and was not mentioned in the annual compensation revision letter.
4. I working in Delhi based office and moved to Banglore from Delhi where Company has another office. So is it possible to sue the Company in Banglore Labour Court or please suggest any other suitable competent authority.
Keeping in mind above mentioned description, please answer queries of my all 4 questions.
Thanking you
Anu