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commonman (employee)     10 August 2011

Should any work be accepted by employee?

Is the employee bound to do any work even if it is not suitable to the qualifications and experience of the person?  - I am working in a public ltd co and i have a bond period ( only signed on letter of appointment) further of one year and the company is transferred me to a different kind of job and is insisting me to do that work by saying that it is the prerogative of the company to utilise the employees in whichever way it wants and suitable action will be taken if I don't agree. Please advise me on the future course of action  



Learning

 2 Replies


(Guest)

Dear Commonman,

 

In fact employer-employee relation is treated as master-servant relation. Employer has the prerogative to utilise the services of any employee of one or the other job. There is no the question of employee's like or dislinking a job, if put by his employer. Refusal to do an assigned job can be treated as indiscipline on the part of the employee.

 

However, if you have been recruited for a job with some pre-specified job descripttion, you should have been appointed for such type of jobs only. But, if the employer wants to deploy you on a kind of job for which you have not been appointed, it becomes the duty of the employer to provide appropriate training for such type of jobs also. If you have been posted to do a job, for which you have not been recruited or not trained, there can be some mal-intention on the part of the employer to exploit the bond conditions to compel you to resign and ask you to deposit the bond amount. So, you need to check whether any other employee or employees have also been compelled to resign by posting them on unspecified jobs and affected recovery of bond amount from those employees. In that case, you can challenge employer's corrupt practices in a court of law.

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Kumar Doab (FIN)     10 August 2011

Learned Mr. Dhingra has given valuable advice. Kindly take the cues and follow it.

In the appointment letter employer describes the designation and nature of duties to be performed by the employee, KRA's etc and employer might have stated "and any other job/work assigned to you."

Kindly check your appointment letter.

A competent lawyer can pick up points from the documents and records provided by employee to get the relief sought by his client.

Deal with your employer carefully. Be gentle amiable flexible and pursuant and persistent. Develop your negotiating, reasoning (not augmentative) skills. Build your written record. Dealing with employer has become a game of chess. Better learn it.

In case the employer adopts unfair, illegal, suppressing approach, employer shall be unworthy of employed with. You may require your record  if you wish to liberate from bond.

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