Seeking Legal Advice on Performance Ratings and Resignation
I work in an IT firm where our performance ratings are conducted on a half-yearly basis. My lead gave me a rating of 4 (lower) and wanted to put me on a Performance Improvement Plan (PIP). I challenged him since he was new to the team. During the PIP discussion with HR, I discovered that I was evaluated based on incorrect data. Even HR became aware of this. I had proof to support my case. However, as usual, HR and management seemed to be in cahoots, and the verdict was quite peculiar. They said, "We do agree that there was a lapse in communicating the PIP to you, but we will have to go through the PIP process." I then said, "I will come back to you." I went quietly to my desk and resigned.
I resigned on December 6th, and we had the performance ratings again. Once more, my lead rated me 4.
I spoke to HR, and they said that since I did not complete those PIP meetings and resigned, that might be the reason. In the comments on my performance, my lead wrote about the PIP being incomplete and mentioned that I had worked well, as he received appreciation emails from clients.
I heard from my friends that there is an Indian law stating that you cannot demotivate a person if they have resigned. Is anyone out there aware of such laws? Please let me know the details (section stuff), and does that law apply to the IT industry?
Performance Review Cycle
1st: January to June
2nd: July to December
Thanks for reading (if you have read).
From India, Mumbai
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1I work in an IT firm where our performance ratings are conducted on a half-yearly basis. My lead gave me a rating of 4 (lower) and wanted to put me on a Performance Improvement Plan (PIP). I challenged him since he was new to the team. During the PIP discussion with HR, I discovered that I was evaluated based on incorrect data. Even HR became aware of this. I had proof to support my case. However, as usual, HR and management seemed to be in cahoots, and the verdict was quite peculiar. They said, "We do agree that there was a lapse in communicating the PIP to you, but we will have to go through the PIP process." I then said, "I will come back to you." I went quietly to my desk and resigned.
I resigned on December 6th, and we had the performance ratings again. Once more, my lead rated me 4.
I spoke to HR, and they said that since I did not complete those PIP meetings and resigned, that might be the reason. In the comments on my performance, my lead wrote about the PIP being incomplete and mentioned that I had worked well, as he received appreciation emails from clients.
I heard from my friends that there is an Indian law stating that you cannot demotivate a person if they have resigned. Is anyone out there aware of such laws? Please let me know the details (section stuff), and does that law apply to the IT industry?
Performance Review Cycle
1st: January to June
2nd: July to December
Thanks for reading (if you have read).
From India, Mumbai
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As far as I know there is no such laws. Demotivate is a subjective term and there is no mention of such word. However, some remedy may be available if employee is demoted in rank.
From India, Kolkata
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From India, Kolkata
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Performance Appraisal Mismanagement in HR
Your case is outside the purview of labor laws and fits perfectly within the precincts of HR Management. Yours is a classic example of how companies, in general, and HR, in particular, bungle Performance Appraisal (PA). This process, if executed properly, is a great tool for personal development as well as organizational development. However, the ham-handed approach has eroded the importance of the entire process.
Why was the employee evaluated on the wrong data? Even if this anomaly was discovered at a later stage, rather than treating the PA as null and void, HR continued to maintain its validity and told the employee to complete the PIP. This is ridiculous.
Worse still, if the faulty PA was the cause of the employee's exit, then HR made no efforts to retain the employee. No efforts were made to persuade them to continue their employment. What an impersonal attitude from HR!
For the Originator of the Query: It appears that you were impetuous when you resigned owing to the faulty Performance Appraisal (PA). You could have escalated the matter further and waited for the outcome. However, your resignation lent credibility to the faulty PA. Your resignation has given cover to HR as well as your newly joined Team Leader (TL) on their acts of omission and commission.
Thanks,
Regards, Dinesh Divekar
From India, Bangalore
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Your case is outside the purview of labor laws and fits perfectly within the precincts of HR Management. Yours is a classic example of how companies, in general, and HR, in particular, bungle Performance Appraisal (PA). This process, if executed properly, is a great tool for personal development as well as organizational development. However, the ham-handed approach has eroded the importance of the entire process.
Why was the employee evaluated on the wrong data? Even if this anomaly was discovered at a later stage, rather than treating the PA as null and void, HR continued to maintain its validity and told the employee to complete the PIP. This is ridiculous.
Worse still, if the faulty PA was the cause of the employee's exit, then HR made no efforts to retain the employee. No efforts were made to persuade them to continue their employment. What an impersonal attitude from HR!
For the Originator of the Query: It appears that you were impetuous when you resigned owing to the faulty Performance Appraisal (PA). You could have escalated the matter further and waited for the outcome. However, your resignation lent credibility to the faulty PA. Your resignation has given cover to HR as well as your newly joined Team Leader (TL) on their acts of omission and commission.
Thanks,
Regards, Dinesh Divekar
From India, Bangalore
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