Hi, I was working in a software firm for the last 4 years and 9 months. The company terminated me without giving any proper reason in writing. In fact, my manager thought he could replace my position with less experienced and less costly staff. So, he played a game with me by giving a low rating in my annual appraisal, although the remarks given against each KPI were very good. A low rating was given to prove that I am a low performer. I did not accept that rating and brought this issue to HR, but HR is not ready to listen. After that, he put me under a Performance Improvement Program (PIP) for 2 months and terminated me without any notice or feedback from the PIP.
I did not receive any amount for the notice period. As per the appointment letter, the minimum notice period of 2 months has to be served from both sides. When I spoke to HR, they mentioned that as per policy, the Performance Improvement Program should be treated as the notice period, and no payment will be made if terminated after the PIP, which I was not aware of and was not mentioned in the document I received from my manager for the Performance Improvement Program. HR also sent me a policy document where it's mentioned that the final performance-related discussion will happen on the date given on the Performance Improvement document. If the feedback is up to the mark, the employee will continue their job; otherwise, the date given on the performance document will be treated as the last working day, and no compensation will be paid for the notice period. In my case, the performance-related discussion did not happen, and the date on the relieving letter is 20 days later than the date given in the performance-related document. So, as per the policy document, if the employee continues their job from the date given on the performance-related document, it should be treated as regular, and their performance program successfully completed.
I received a letter of acceptance from HR stating that I had resigned, which was accepted by the HR manager, but I did not offer such resignation. Interestingly, the date given on the letter is a Sunday, which is not possible as no company works on Sunday. Another interesting aspect is that the relieving letter issued by HR is dated 2 days before the resignation acceptance letter issued by HR. For example, the resignation acceptance letter was issued on the 7th of July, and the relieving letter was issued on the 5th of July.
Questions Regarding Termination and Compensation
1. The relieving letter issued by the company is 2 weeks before my last working day. For instance, I worked until the 21st of July, but the letter was issued on the 5th of July, and the company only paid me until the 5th of July without payment until the 21st of July. I have all the required proof that I worked until the 21st of July in the form of various emails, including the last day email I sent to the company. Another interesting point is that I was on leave on the date given on my relieving letter, and I have an email as proof that I sent to my manager.
2. The company did not pay my gratuity amount, stating that the minimum 5-year term was not completed.
3. Superannuation was part of my CTC in the first year and mentioned in my appointment letter, but later, this component was removed from the 2nd year onwards and was not mentioned in the annual compensation revision letter.
4. I was working in a Delhi-based office and moved to Bangalore from Delhi, where the company has another office. Is it possible to sue the company in the Bangalore Labour Court, or could you suggest any other suitable competent authority?
Taking into account the above-mentioned details, please provide answers to my four questions.
Thank you,
Anu
I did not receive any amount for the notice period. As per the appointment letter, the minimum notice period of 2 months has to be served from both sides. When I spoke to HR, they mentioned that as per policy, the Performance Improvement Program should be treated as the notice period, and no payment will be made if terminated after the PIP, which I was not aware of and was not mentioned in the document I received from my manager for the Performance Improvement Program. HR also sent me a policy document where it's mentioned that the final performance-related discussion will happen on the date given on the Performance Improvement document. If the feedback is up to the mark, the employee will continue their job; otherwise, the date given on the performance document will be treated as the last working day, and no compensation will be paid for the notice period. In my case, the performance-related discussion did not happen, and the date on the relieving letter is 20 days later than the date given in the performance-related document. So, as per the policy document, if the employee continues their job from the date given on the performance-related document, it should be treated as regular, and their performance program successfully completed.
I received a letter of acceptance from HR stating that I had resigned, which was accepted by the HR manager, but I did not offer such resignation. Interestingly, the date given on the letter is a Sunday, which is not possible as no company works on Sunday. Another interesting aspect is that the relieving letter issued by HR is dated 2 days before the resignation acceptance letter issued by HR. For example, the resignation acceptance letter was issued on the 7th of July, and the relieving letter was issued on the 5th of July.
Questions Regarding Termination and Compensation
1. The relieving letter issued by the company is 2 weeks before my last working day. For instance, I worked until the 21st of July, but the letter was issued on the 5th of July, and the company only paid me until the 5th of July without payment until the 21st of July. I have all the required proof that I worked until the 21st of July in the form of various emails, including the last day email I sent to the company. Another interesting point is that I was on leave on the date given on my relieving letter, and I have an email as proof that I sent to my manager.
2. The company did not pay my gratuity amount, stating that the minimum 5-year term was not completed.
3. Superannuation was part of my CTC in the first year and mentioned in my appointment letter, but later, this component was removed from the 2nd year onwards and was not mentioned in the annual compensation revision letter.
4. I was working in a Delhi-based office and moved to Bangalore from Delhi, where the company has another office. Is it possible to sue the company in the Bangalore Labour Court, or could you suggest any other suitable competent authority?
Taking into account the above-mentioned details, please provide answers to my four questions.
Thank you,
Anu