• Discrimination and harassment in office

Dear Sir , am facing issues at my workplace wherein have been given a goal sheet two days before the appraisal and forcefully ashed to do appraisals and when the ratings have come out have been marked a below performer (rating c) and even my annual incentive which is a part of my salary is also slashed to 50% my past rating in the company has been an A for the last 6 yrs ,kindly suggest
Asked 6 months ago in Business Law from Jamshedpur, Jharkhand
Rule 15 of the Industrial Employment (Standing Orders) Central Rules, 1946 lays down that all complaints arising out of employment including those relating to unfair.appraisal shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer. Further as per Second Schedule as provided under the Industrial Disputes Act, 1947 the propriety or legality of an order passed by the employer under the standing orders can be challenged before the hon'ble Labour Courts. 
Ajay Sethi
Advocate, Mumbai
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1) if you are aggrieved by the poor appraisal  done by your manager you must make representation against poor grading done within period of 15 days from date of receipt of entries 

2) if you dont raise any grievance it would be presumed that you are satisfied with the appraisal report 

3) you should not be intimidated by threats of transfer 
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
 Hon'ble Supreme Court (Three-Judges Bench) in SUKHDEV SINGH V. UNION OF INDIA AND OTHERS (2013) 9 SUPREME COURT CASES AT PAGE 566, wherein it is observed as follows:

"The view taken in Dev Dutt, (2008) 8 SCC 725 that every entry in ACR of a public servant must be communicated to him/her within a reasonable period is legally sound and helps in achieving threefold objectives. First, the communication of every entry in the ACR to a public servant helps him/her to work harder and achieve more than helps him in improving his work and give better results. Second and equally important, on being made aware of the entry in the ACR, the public servant may feel dissatisfied with the same. Communication of the entry enables him/her to make representation for upgradation of the remarks entered in the ACR. Third, communication of every entry in the ACR brings transparency in recording the remarks relating to a public servant and the system functions more in conformity with the principles of natural justice. Accordingly, it must be held that every entry in ACR-poor, fair, average, good or very good  must be communicated to him/her within a reasonable period."
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
In private institutions you have to learn to bear all this to some extent as one who is in a position of authority will exercise his authority, but you can ventilate your grievance to your superior. If this also proves futile then you may think of going to court. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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