Hello Leader HRs,
I am facing a situation wherein I am forced to submit my resignation after a Performance Improvement Plan (PIP) review of unachievable goals. I have a 3-month notice period clause in my Letter of Appointment (LoA). I just want to seek your feedback on whether I am eligible to receive my salary in lieu of the notice period. I want to understand if I am legally in the right or wrong. I believe the reasons given during the PIP process were merely a way to dismiss the employee.
Thank you.
From India, Delhi
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I am facing a situation wherein I am forced to submit my resignation after a Performance Improvement Plan (PIP) review of unachievable goals. I have a 3-month notice period clause in my Letter of Appointment (LoA). I just want to seek your feedback on whether I am eligible to receive my salary in lieu of the notice period. I want to understand if I am legally in the right or wrong. I believe the reasons given during the PIP process were merely a way to dismiss the employee.
Thank you.
From India, Delhi
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Let us start from the process flow mapped to PIP for your understanding.
Performance Improvement Plan (PIP)
Formal method of correcting behavior/performance and encouraging employee’s success. If your performance is below average.- The Manager needs to develop a performance improvement plan, in agreement to your views.
In case the Manager has changed:
the previous manager and new manager to jointly develop PIP.
the previous manager to give support in developing the PIP in consultation with new manager and new manager to track the PIP. PIP period must be specified time period – 3 months is suggested normally. This timeframe is provided for you to shape-up. if there are no improvement, then as per the clause of your appointment letter and PMR policy, you will be informed to resign amicably. the salary will be provided as this is a resignation case.
This is not a forced separation, but as per the workflow you were informed well ahead of the consequences.
You should have all the documents of PIP, the action plan and the final comments. Dont be tense, the company has given you timeframe to improve. Look out of new opputunities and learn the areas of improvement.
Thanks
Neena Reddy
From India, Madras
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Performance Improvement Plan (PIP)
Formal method of correcting behavior/performance and encouraging employee’s success. If your performance is below average.- The Manager needs to develop a performance improvement plan, in agreement to your views.
In case the Manager has changed:
the previous manager and new manager to jointly develop PIP.
the previous manager to give support in developing the PIP in consultation with new manager and new manager to track the PIP. PIP period must be specified time period – 3 months is suggested normally. This timeframe is provided for you to shape-up. if there are no improvement, then as per the clause of your appointment letter and PMR policy, you will be informed to resign amicably. the salary will be provided as this is a resignation case.
This is not a forced separation, but as per the workflow you were informed well ahead of the consequences.
You should have all the documents of PIP, the action plan and the final comments. Dont be tense, the company has given you timeframe to improve. Look out of new opputunities and learn the areas of improvement.
Thanks
Neena Reddy
From India, Madras
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Thanks for your inputs, Neena.
The thing is this case is more of a commercial issue. Since I am a high-paid employee, they framed such a PIP which was unattainable. I discussed with my line manager too many times about that, but he always replied it's his manager's call and can't modify it.
When I used to reach out to HR about the targets and other biases happening, he also was helpless. I thought the PIP review might be a one-time opportunity to highlight my concerns, and I did that. But I could sense helplessness from their response as well.
They also agreed to my areas of concern in the call, but to my wonder, I received a call from my HR to resign.
Today, I have finally resigned and was eager to know if the salary of the notice period will be given to me, as this COVID has actually frightened me.
Appreciate your time and thoughts.
From India, Delhi
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The thing is this case is more of a commercial issue. Since I am a high-paid employee, they framed such a PIP which was unattainable. I discussed with my line manager too many times about that, but he always replied it's his manager's call and can't modify it.
When I used to reach out to HR about the targets and other biases happening, he also was helpless. I thought the PIP review might be a one-time opportunity to highlight my concerns, and I did that. But I could sense helplessness from their response as well.
They also agreed to my areas of concern in the call, but to my wonder, I received a call from my HR to resign.
Today, I have finally resigned and was eager to know if the salary of the notice period will be given to me, as this COVID has actually frightened me.
Appreciate your time and thoughts.
From India, Delhi
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The poster seems to have agreed to the PIP despite knowing well that the standards set were unattainable. Only to avoid the stigma of termination by the employer, he would have resigned. Therefore, as per the notice clause, he has to serve the notice period or pay in lieu thereof. If the employer accepts his resignation with immediate effect, it implies that the notice is waived by the employer.
If he feels that he was actually coerced to put down the papers and the PIP is a handy tool to make believe that he is not suitable for the job, and as such, it amounts to constructive dismissal, he can fight it appropriately.
As it is, therefore, in my opinion, he is not entitled to any notice salary.
From India, Salem
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6108If he feels that he was actually coerced to put down the papers and the PIP is a handy tool to make believe that he is not suitable for the job, and as such, it amounts to constructive dismissal, he can fight it appropriately.
As it is, therefore, in my opinion, he is not entitled to any notice salary.
From India, Salem
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Performance Improvement Plan.doc