• Need help urgent

I have completed 8 months in the organisation and not confirmed by employer yet. as per my boss my performance is not good, they have manipulationg the things and data as per that they claim that i did not perform, I am into retail sales, when i see the numbers all numbers are in positve compare to before, after 6 months they have issued me PIP(performance Improvement plan) for 30 days and send my in other branch for training under the manager(who is on same profile like me), after 10 days my boss reviewed my performance and send it to his senior that nothing was followed while i have followed all the processes and everything, but he has told me as well he is doing this all wrong because his boss has told this to him, which i have recorded in my mobile after that i start reporting daily task done by me to HR and him via mail.,
after that no performance has reviewed next 50 days while PIP was for only 30 days. now i have completed 2 months in that branch, there were no reply from the management, in between i met with area HR for this issue and provided her document for my performance and after 1 week on 13th of September i write a huge mail regarding my performance and sent it to across.
14th of September my boss called me for meeting, they manipulated the data and discussed about only the things what they wanted to discuss they have not seen that mail which i have sent them.
they have created situation for me like i should resign but still i said i will continue with the company so they said they  will transfer me somewhere out of Delhi and  will issue another fresh PIP, this was the discloser of that meeting, but today they are calling me again and again and insisting me for resign, I am saying give me sometime after that i will resign but they are not listening,
kindly suggest what should i do..I am mentally harassed.
Asked 1 year ago in Labour from Delhi, Delhi
You have not yet been confirmed in the organisation 

2) as per performance appraisal done your services have not been upto the mark although according to you work assigned has been completed by you 

3) management is forcing you to resign . It is better you resign rather than being terminated by the organisation 

4) no doubt if tiur services are terminated without following due process of law you can go to court but litigation is lengthy and time consuming 
Ajay Sethi
Advocate, Mumbai
45488 Answers
2673 Consultations

5.0 on 5.0

A. First, your employer don't want to hold your post under their own internal reasons. Now they are quoting irrational reasons to shut down your employment. As per the terms of the Appointment order, once the employee completed 6 month, employer either confirm the employee or extend the term of the employment by quoting proper reason towards the same. 

B. In your case, your performance ought to reviewed from your reporting manager time to time under the guidelines whenever is required to enhance your performance. Moreover, when your performance was not satisfied from your management that there should have been intimation or notice.

C. Once the Management decided to remove any employee that they can remove by way termination with highlighting reason under non performance or any favourable reason as mentioned in the appointment letter, hence, you can issue a legal notice to the Management, Reporting Manager and HR to give proper reason. Or else, If you have been offered from any other employee, you can join by resigning this job. 

D. Apart from these, if you are ready to take legal action by knocking court door that you have to run the case by visiting the court through coordinating with your advocate. In my opinion, you better resign and join other company subject to your financial conditions or issue a legal notice and claim for damages for mental agony and harassment. But practically, you cannot continue with current job, because they may give different types of harrasment indirectly Ex: appraisal shutdown means no increment, no promotion and too much target and work pressure. Think twice before taking any decision.
B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

1) recording will help in proving that recording manage acted under pressure 
Ajay Sethi
Advocate, Mumbai
45488 Answers
2673 Consultations

5.0 on 5.0

The performance of work is an important thing in a job. As per the terms of the Appointment order, the employer can terminate you from the job if they find any misconduct or demeanour or non performance in job. So they can remove you by way termination with highlighting reasons under non performance or any favorable reason. So if you wish to challenge their notice of termination, then you should approach the labour court .You can only ask the compensation for illegal termination and not for reinstate the position of job.
Ajay N S
Advocate, Ernakulam
2767 Answers
47 Consultations

5.0 on 5.0

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