If you plan to leave your job, you can refuse to sign the PIP, because PIP is generally an improvement plan for employees with poor performance. According to the labor contract law, employees are not competent for the job, and the company needs to train employees or transfer jobs. The purpose of PIP is to improve the training and re-examination opportunities for employees, so it needs to be signed. If your legitimate rights and interests are infringed, you can refuse the visa and apply for labor arbitration to claim your legitimate rights and interests.
The full name of PIP is Performance Improvement Plan.
When the company is ready to lay off employees, it will launch a PIP plan for employees. The content is to give employees a few months to assess. As for the assessment results, it depends entirely on the mood of the company leaders.
Although PIP claims to help you improve, it is essentially a reminder before you are officially laid off. Please don't be naive to think that you will stay, or start riding a donkey to find a horse at once; Or lose face and spend time with the company.
If you sign the PIP, it means that you have accepted the post adjustment and salary adjustment, and you are at risk of incompetence, so it is difficult for the law to provide relief.
In the case of PIP, if the company adjusts its position and reduces employees' wages, the essence is to change the contents of the labor contract, and the workers can refuse and keep all kinds of evidence in time to prepare for labor arbitration.
legal ground
People's Republic of China (PRC) labor contract law
Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree on an open-ended termination time. The employer and the employee may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
(1) The laborer has worked in the employing unit continuously for ten years;
(2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age;
(3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed. If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee.
Article 82 Legal Liability for Failure to Conclude a Written Labor Contract If an employing unit fails to conclude a written labor contract with an employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.