Hi There, I work for a public limited firm in Gurgaon. Due to Covid19 lockdown its tough time for my company so my company has started laying off employees and they are using PIP(performance Improvement Plan) as a tool. Giving one month PIP and setting unrealistic targets for employees to achieve. All the employees who failed PIP were denied 2 months notice period or salary in lieu of notice. The PIP mail communication did not say that last date of PIP will be the last date of employment in case of failure in PIP, and PIP period will be considered as notice period.
What are the right of an employee in this case and can this be challenged in court? Since Appointment letter didn't have PIP clause. However the Termination clause says that either party is liable to give a notice period of 2 months or salary of 2 month in case of resignation/termination. the company had also started deferring 35% of gross salary since April'20. Can a company deny to pay deferred salary post resignation/termination?
What are the right of an employee in this case and can this be challenged in court? Since Appointment letter didn't have PIP clause. However the Termination clause says that either party is liable to give a notice period of 2 months or salary of 2 month in case of resignation/termination. the company had also started deferring 35% of gross salary since April'20. Can a company deny to pay deferred salary post resignation/termination?