Dear Members,
I am new to this forum but it seems this could be quite helpful in shaping my career with the help of HR professionals out here, so I joined here today.
First of all, thank you for offering generous help. Let me explain the situation.
My company is a private IT firm of around 300 employees and is mostly a family-run business. I have been with this organization for 2 years and 3 months now.
Since there's less work coming in, they have asked me to move on from the organization on very short notice (I was informed 2 days earlier) and they have mentioned performance reasons to support themselves.
Now, my yearly review, which was due for June, didn't happen, and neither have they given any official PIP notice or anything. They mentioned that they will not mention anything wrong on the relieving letter. (We have an annual performance review system which was due in June.)
But the catch is, I will be getting 15 days' salary without the need to come to the office as they mentioned they are going to relieve me based on performance, where the notice is for 1 month. And since they are not asking me to attend the office, they are giving only 15 days' salary. Note that the official notice period of the organization is 2 months. I told them that 15 days' salary and only two days' advance notice are too little and why it wasn't informed to me earlier, but they are not ready to listen to anything on this.
I tried to argue with the organization about the relieving on a performance basis and why it was not told to me earlier, but they mentioned that it was told earlier (?), which was in a general meeting more than 6 months ago, like needing to be more aggressive, etc., where it was never mentioned that anything related to my performance needed improvement.
When I tried to argue further, they mentioned that they can issue a PIP, which is going to harm my career. Going legal in this option and arguing with them is a waste of time as nowadays companies are thinking labor laws are jokes. They know that since the judicial system is going to take a very long time, it's not easy to challenge the employer, nor is it quite hopeful to help as it's all in the hands of the employer by adjusting the system and providing fake bad reviews if the judicial system requires it. So everything mostly goes to the employer's side itself.
In such a situation, currently, I am ending work tomorrow and going to get paid until the next 14 days (i.e. until 30th September 2015), and they have agreed to give salary for the whole month.
Next, they have agreed to:
1. Payslip of the current month (full salary - I have worked for half a month and the other half no need to come to the company and focus on job search)
2. Holding relieving letter until I find a new job
3. Giving LWP of one and in extreme cases for two months (Leave Without Pay or LOA Leave of Absence) salary slip, which is a 0 amount salary slip
4. Any other document as per relieving formality
So could someone please provide highlights on the below questions:
1. I have an experience gap of 4 months prior to joining this company. I resigned from my previous company earlier after working for a long period (7 years) as the job was not suitable for my profile. How much could this affect my new job search? Should I hide this gap by year-only format on my resume? I feel not to. I do not want to hide this fact, and secondly, it will catch the eye immediately if I try to hide the gap this way.
2. Next, regarding the current employer options holding relieving until a new employer is identified, will that create any problem?
3. I might require one to two months to find a new employer, but LOA payslip of the last one or two months could create any problem? Employers do ask for the last 3 to 6 months payslip while coming for an interview. I am more concerned about this point if this could affect my job search with LOA, i.e., 0 salary slip.
4. Any other advice from Cite HR expert members to handle this situation in a better manner or any helpful hints are most welcome.
Personally, I feel very bad that organizations are not following basic norms on how human capital should be handled, and employees are also helpless here as they do not have any evidence that provides that performance is not the reason but due to lesser work, they are adjusting headcount. Somewhere such practices should be stopped where they are exploiting the system for their advantage and maximizing profits but not caring for people who have been working for them.
Expecting your expert opinion soon... Thank you so much...
From India, Ahmedabad
I am new to this forum but it seems this could be quite helpful in shaping my career with the help of HR professionals out here, so I joined here today.
First of all, thank you for offering generous help. Let me explain the situation.
My company is a private IT firm of around 300 employees and is mostly a family-run business. I have been with this organization for 2 years and 3 months now.
Since there's less work coming in, they have asked me to move on from the organization on very short notice (I was informed 2 days earlier) and they have mentioned performance reasons to support themselves.
Now, my yearly review, which was due for June, didn't happen, and neither have they given any official PIP notice or anything. They mentioned that they will not mention anything wrong on the relieving letter. (We have an annual performance review system which was due in June.)
But the catch is, I will be getting 15 days' salary without the need to come to the office as they mentioned they are going to relieve me based on performance, where the notice is for 1 month. And since they are not asking me to attend the office, they are giving only 15 days' salary. Note that the official notice period of the organization is 2 months. I told them that 15 days' salary and only two days' advance notice are too little and why it wasn't informed to me earlier, but they are not ready to listen to anything on this.
I tried to argue with the organization about the relieving on a performance basis and why it was not told to me earlier, but they mentioned that it was told earlier (?), which was in a general meeting more than 6 months ago, like needing to be more aggressive, etc., where it was never mentioned that anything related to my performance needed improvement.
When I tried to argue further, they mentioned that they can issue a PIP, which is going to harm my career. Going legal in this option and arguing with them is a waste of time as nowadays companies are thinking labor laws are jokes. They know that since the judicial system is going to take a very long time, it's not easy to challenge the employer, nor is it quite hopeful to help as it's all in the hands of the employer by adjusting the system and providing fake bad reviews if the judicial system requires it. So everything mostly goes to the employer's side itself.
In such a situation, currently, I am ending work tomorrow and going to get paid until the next 14 days (i.e. until 30th September 2015), and they have agreed to give salary for the whole month.
Next, they have agreed to:
1. Payslip of the current month (full salary - I have worked for half a month and the other half no need to come to the company and focus on job search)
2. Holding relieving letter until I find a new job
3. Giving LWP of one and in extreme cases for two months (Leave Without Pay or LOA Leave of Absence) salary slip, which is a 0 amount salary slip
4. Any other document as per relieving formality
So could someone please provide highlights on the below questions:
1. I have an experience gap of 4 months prior to joining this company. I resigned from my previous company earlier after working for a long period (7 years) as the job was not suitable for my profile. How much could this affect my new job search? Should I hide this gap by year-only format on my resume? I feel not to. I do not want to hide this fact, and secondly, it will catch the eye immediately if I try to hide the gap this way.
2. Next, regarding the current employer options holding relieving until a new employer is identified, will that create any problem?
3. I might require one to two months to find a new employer, but LOA payslip of the last one or two months could create any problem? Employers do ask for the last 3 to 6 months payslip while coming for an interview. I am more concerned about this point if this could affect my job search with LOA, i.e., 0 salary slip.
4. Any other advice from Cite HR expert members to handle this situation in a better manner or any helpful hints are most welcome.
Personally, I feel very bad that organizations are not following basic norms on how human capital should be handled, and employees are also helpless here as they do not have any evidence that provides that performance is not the reason but due to lesser work, they are adjusting headcount. Somewhere such practices should be stopped where they are exploiting the system for their advantage and maximizing profits but not caring for people who have been working for them.
Expecting your expert opinion soon... Thank you so much...
From India, Ahmedabad
Dear MADANAGOPALASWAMY,
Thank you for your reply. As mentioned, does a 0 salary payslip, as I mentioned, cause an issue? They mentioned they can only issue a 0 salary, i.e., LWP payslip for one month maximum, i.e., for October 2015 only. So, my last salary slip would be on LWP...
From India, Ahmedabad
Thank you for your reply. As mentioned, does a 0 salary payslip, as I mentioned, cause an issue? They mentioned they can only issue a 0 salary, i.e., LWP payslip for one month maximum, i.e., for October 2015 only. So, my last salary slip would be on LWP...
From India, Ahmedabad
Mr. Madangopalaswami has written a very correct reply with sympathy and empathy. A salary slip will not create problems the moment you say that you were away from the office due to family problems. It is quite likely that you will get a job in the current month; then that issue also does not arise. Keep yourself motivated and focused to grab a job first, small or big, and later the right and appropriate job of your liking will be in your hands very shortly. Forget what has happened; just reorganize things of your own smartly.
Best wishes,
RDS Yadav
Labour Law Adviser
Director - Future Instt of Management and Technology
From India, Delhi
Best wishes,
RDS Yadav
Labour Law Adviser
Director - Future Instt of Management and Technology
From India, Delhi
Hello Bizrahul, Like Madangopalaswami mentioned, going legally doesn't serve your purpose. Coming to your other queries:
1. Should I hide this gap by year only format on my resume?
Ans: No. You will create other problems that you may not be able to handle. Recruiters can catch this quite easily.
2. Regarding current employer options, holding relieving until a new employer is identified, will that create any problem?
Ans: In fact, this will turn out to your advantage. You won't have any gap in your career between now and the next job. So, relax.
3. I am more concerned about this point and if this could affect my job search with LOA (Leave of Absence) i.e., no salary slip.
Ans: RDS Yadav has given you the logic to handle this issue.
4. Any other advice?
Ans: Just forget everything about this job, mainly with regard to what you mentioned at the end of your posting. Such a mental state usually affects one's performance in interviews. All the best.
Regards,
TS
From India, Hyderabad
1. Should I hide this gap by year only format on my resume?
Ans: No. You will create other problems that you may not be able to handle. Recruiters can catch this quite easily.
2. Regarding current employer options, holding relieving until a new employer is identified, will that create any problem?
Ans: In fact, this will turn out to your advantage. You won't have any gap in your career between now and the next job. So, relax.
3. I am more concerned about this point and if this could affect my job search with LOA (Leave of Absence) i.e., no salary slip.
Ans: RDS Yadav has given you the logic to handle this issue.
4. Any other advice?
Ans: Just forget everything about this job, mainly with regard to what you mentioned at the end of your posting. Such a mental state usually affects one's performance in interviews. All the best.
Regards,
TS
From India, Hyderabad
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