LEGAL ASPECTS OF PERFORMANCE MANAGEMENT

Performance management and decisions thereupon, per se, is the prerogative of management, unless it prejudices the interest of the appraisee. Prejudicing of interest occurs when decisions on promotions, pay raises, and other career development of the employees are taken by the organizations, affecting their interests. The premise of prejudicing the interest of employees, however, is the perception of the employees. Hence legally, it is the onus of employees to substantiate that their interests have been prejudiced. In India, we have many labour law provisions to enforce the mandatory requirements that the performance evaluations, or for that matter any work-related behaviour be based on objective, job-related ...

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