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nirmal19
1

Dear All Seniors,
I have been working in a Private Bank since 2 years .In April this year my supervisor call me for a review and informed me to resign due to my poor performance and if not resigned he would terminate me .I have already spoken to my super boss and Hr about the same and they have requested me to find other options within the bank itself.Just today i got a rating of 1 which say i have to resign with one month after accepting the same.
can a confirmed employee terminated due to non performance and how can i escalate the matter to senior management.
My performance has been at par with my colleagues and i believe i have been personally targeted by my superior.
please help asap
regards

From India, Pune
nathrao
3131

Has periodic review been done of your performance?
What is the rating in earlier review?
Has any warning or indication been given in normal day to day dealings that you work is not satisfactory?
You will have to collate facts and figures of our output/work and approach higher ups about the matter and substantiate your feeling of being targeted.
Being targeted on what grounds?
Planned approach with all evidence,figures will give a better result than a mere complaint on personal targeting.

From India, Pune
sushilkluthra@gmail.com
221

Besides observing the above views of Mr. Nathro, prima facie no charge sheet has been issued nor any disciplinary inquiry conducted. There is no need to resign. Make a complaint to labour commissioner about harassment being meted to you and threats being given in the form of performance appraisal. It is virtually unfair labour practice by raising false charges of poor performance.
Thanks
Sushil

From India, New Delhi
umakanthan53
6018

Dear Nirmal,
It is quite disheartening to note that a confirmed employee of a private bank has been asked to resign all of a sudden on the basis of poor performance during a particular period according to the subjective consideration of the immediate superior. I have several doubts; Whether the episode narrated is from your own perspective only? When your performance is on par with others, why your immediate superior is so intent upon terminating your services? Is there no system of review of Performance Appraisal by the immediate superior in your bank before openly asking you to resign on the basis of poor/non-performance? Better, think about the suggestions offered by Mr.Nathrao

From India, Salem
sushilkluthra@gmail.com
221

Sometimes time is the essence of taking appropriate action instead of introspecting oneself or requesting higher management to change their perspectives. Here he has been issued No.1 rating, his superior and HR have confirmed their decision. Should we suggest him to go on road and then fight legal battle. He is a confirmed employee and can secure interim injuction because of false charges instead of knocking at deaf ears.
Thanks
Sushil

From India, New Delhi
nathrao
3131

Dear Mr Sushil,
The rating of 1 may be the lowest in the scale.
I do not think he no1 ranking/rating.
Idea is avoid a legal fight if possible.last resort is all those good points -labour commissioner,no chargesheet etc can come play at that time.

From India, Pune
sushilkluthra@gmail.com
221

Dear Nathrao,
Since the order has been passed giving no.1 rating by employer, and unless it is got immediately set aside through legal forum, its fall out is evident. It would have been different if no such order was passed and merely threats were given but here wrong order should be challenged while in service otherwise when out of employment, it becomes very difficult to meet litigation expenses even. Besides once the employer is awarded order of unfair labour practice, it will not recur because then harsher penal provisions are there.
Thanks
Sushil

From India, New Delhi
Aamudaa
Dear,

Every Organization has certain Guidelines and work Ethics. Follow the Escalation Matrix. so first thing to do is make a note of your Performance vis a vis your collegues. when you are escalating mention the same. Any awards or aprecaitions mention the same. Throughout your email you should talk high of the organization and your wish to continue. Please be careful to avoid any direct allegations until you can prove it. As you are in the limelight kindly ensure Basic Discipline so it cannot go against you like Reaching Office on time any gossips etc. Maintain a Low Profile . Labour court should be the last option if I May @ Sushilkluthra Just a viewpoint nothing Personal kindly correct me if Iam wrong. Bec if u r planning to continue working this can go against you. hence be very careful. Banking is a close knit industry this can travel and you can find issues in future. Stay Positive Put extra efforts and ensure to Excel . Dont give a reason whatsoever.

We wish you all the good luck connect for any help you require.

Regards

From India, New Delhi
sushilkluthra@gmail.com
221

I fully agree that in good companies and banks, escalate matrix is available. And even in government sector without making representation, even CAT does not entertain OA except in cases of termination or dismissal. This matrix should be followed for all reliefs like promotion, increment, transfer but in case of pending termination one cannot await. In case of zenit Metplast p. Ltd v State of Maharashtra, the Apex court observed in para 32 that the delay in approaching the court is a good ground for refusal of interim relief. Moreover here if the queriest is going to speak high of his superiors in first instance he will be contradicting with his later plea of unfair labour practice before court. All angles of opinion from everyone is welcome. Our approach is to lay down best possible option rest is for queriest to decide.
Thanks
Sushil

From India, New Delhi
nathrao
3131

""Moreover here if the queriest is going to speak high of his superiors in first instance he will be contradicting with his later plea of unfair labour practice before court.""
Absolutely a valid point.
One has to see things from all angles.
He has been given rating of 1 in performance.This needs to be contested on priority
Does this low rating match with reality or is it clouded perception of officer giving the rating.Escalate it in laid down manner.
Reserve your right for legal remedy for the last.

From India, Pune
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