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PIP has become a new way for large factories to lay off employees, how can people in the workplace break the tricks?

author:Brother Bird's Notes

Source: Zhaopin

Recently, many netizens said that the company has started small-scale layoffs again, and this time the company has a new trick, using the PIP agreement to force employees to leave, and nearly 500 people have left because of this.

PIP stands for Performance Improvement Program and is a company's program designed to help employees improve their job performance within a specific period of time.

When an employee's performance does not meet the company's expectations or requirements, management uses PIP to point out the problem and provide opportunities for improvement.

Employees can remain with the company if they meet predetermined performance standards at the end of the program; Failure to improve can result in disciplinary action and dismissal.

When the company starts the PIP protocol, don't panic and mess up, see the company's tricks clearly, wait for the opportunity to move, and break it in one fell swoop.

1/ Prelude to PIP layoffs Refusal to sign is the first step

When the company initiates the PIP agreement for you, the visa refusal is the first step and the most important thing.

If you sign, it means that you agree to the company's documents and policies, and if the company wants to fire you, it has a clear and formal reason.

And once you go to arbitration and legal proceedings, signing represents your own acknowledgment that you are not up to the job.

Therefore, visa refusal is the premise and key in the whole PIP. If your work performance is normal, you can't sign the agreement at will.

However, if some companies use coercive means to force you to sign, warning you that if you refuse to sign, it is likely to be found as a serious violation of discipline and then dismiss you.

In this case, you can agree to sign, but at the same time sign the part of the document where there is an objection to the content.

For example, it can be explicitly written:

The signature only means that I have received the documents, and does not mean that I agree with the opinions that I am not competent for the work and the assessment standards, but I am willing to abide by the company's rules and regulations, cooperate with the company's performance improvement plan, and keep the signed documents for backup.

After signing, back up the documents, and record the people and circumstances at the time of signing, so that they can be used as evidence in the event of a later appeal process and disputes.

2/ PIP, however≠ is not up to the job The company also has fatal shortcomings

The essence of PIP is to get employees to agree that they are not competent for the job, and they are still incompetent for the job after training or transfer, and finally dismiss.

But it's even harder for companies to prove that their employees are incompetent, and few companies can do it.

Because the legal incompetence for employees depends on whether you have fulfilled the provisions of the employment contract.

However, at present, most companies are still the last elimination system, which is also one of the loopholes that PIP does not apply in the process of introducing many enterprises.

In terms of training, the law requires companies to achieve the indicators and content set by PIP in training or job transfer, but many companies only provide simple training, without quantitative goals and assessment standards.

When the company and the employee go to labor arbitration, the company needs to prove that the assessment goal is objective and quantifiable, and that there is no malicious assessment, etc., and after a series of proofs, few companies can achieve perfection.

Therefore, PIP does not prove that the employee is incompetent, and it is difficult for the company to produce evidence that you are incompetent.

3/ How to crack the company's PIP routine?

1. "Disapprove" reply to the email to show a clear attitude

When a worker is forced to activate the PIP agreement, the leader sends you an email or informs you to agree to the PIP agreement as soon as possible, at this time, the first thing is to refuse to sign the paper document.

The email can then be replied to:

"The response document only represents my respect for the company's procedures, but it does not mean that I agree with the description in the relevant document."

If the other party's PIP requirements are too high, or they just deliberately want you to sign, you may wish to refuse to sign the PIP on the grounds that the PIP rules are unreasonable, give the other party the worst expectation, and force the other party to negotiate the compensation process.

Professionals need to be clear about the non-compliant content in the PIP, and the moment they refuse to sign, they are on the opposite side of the team and the company.

At this time, maintain a strong mindset and clear mind, continue to communicate sincerely with the company, speak on an equal footing, and obtain more appropriate rights and interests for yourself.

2. Back up relevant evidence and get the initiative

In the conversation with the leader and management, try to keep the relevant evidence in the audio or video recording, get your own initiative, and if the company delays the debt in the future, you can also prepare for labor arbitration or legal procedures.

From the beginning of receiving the PIP, employees need to pay attention to the collection of evidence, which runs through all the moments of work.

At the same time, employees can raise their own work arrangements and performance appraisals to the company, as well as question the unreasonableness of the company's elimination of the last position and low performance appraisal, and the goals and measurement standards in the PIP are inaccurate.

By digging out the unreasonableness of the company's assessment, we can get the initiative in our own negotiations.

At this time, all work and behavior must also be compliant, and don't be caught by the other party, otherwise you will lose the initiative.

3. Wait for unilateral termination and get 2N compensation

The PIP plan, to put it bluntly, is actually a plan to "send money" to employees, but whether to send more or less money is all up to the people in the workplace.

Employees with poor performance may leave their jobs due to the pressure of PIP, and the company will save a lot of compensation funds.

After that, the company may use N and N+1-3 to negotiate with other employees, leaving only a handful of people who are willing to arbitrate and can fight for 2N compensation.

Therefore, after communicating with HR and leaders, if the other company is still unwilling to relent, and does not give an appropriate amount of compensation, it is advisable to wait for the unilateral termination of the labor contract, and then conduct labor arbitration after collecting evidence, and demand 2N compensation.

Encountering PIP is also a game to test the psychological quality, and the employee can determine the amount of compensation according to his own situation. Sometimes leaving this environment is a relief and a new beginning.

An attitude of integrity, kindness, hard work, and the absence of legal incompetence or serious disciplinary violations, will inevitably drive people in the workplace to have a bright future.

May everyone in the workplace have smooth sailing and avoid PIP routines!

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