Asking to change job profile or doing termination
Uday
(Querist) 04 July 2014
This query is : Resolved
Hi,
I explain my case for consultation as how can I proceed with law suite to my company:
1. I gave interview and the Job profile offered is Development.
2. I cleared all rounds they gave offer and then I joined company.
2.a. Offer letter don't have any terms and condition, just offer of salary and designation.
2.b On first day of joining they provided appointment letter and asked to sign terms and condition. I signed as I already left my company so didn't have any option to sign.
3. At time of interview they said they have many projects but when I joined then found they have only one project.
4. They had said for first 1 month that requirement will come, but after one month they said other project manager will take you for different job role i.e support.
5. I asked for this I have not joined the company, then they said either join this or leave job.
My question is:
1. Can they put you in different job role If they promise other Job profile .
1.a If they do not have requirement then why they hired me, if they were expecting some requirement and that don't come then can they spoil my career as per their will, i.e isn't its their responsibility to take care me.
2. Without giving me any working opportunity can they fire me with this reason only that I should work whatever they say, means if they say I should clean toilet then should I accept that or sue them for spoiling my career.
3. Isn't this a mal-practise for playing with anybody future to hire him just they expect some requirement and didn't materialised, means they should mention this in offer letter that your employment depends on this requirement i.e if it comes you stay else will be relieved.
4. Also I am having home loan on me which is a big liability.
This is with Software company in NCR and I require consultation as how the case can be and how can I proceed.
Thanks and Regards,
Software Consultant
J K Agrawal
(Expert) 04 July 2014
Dear Mr Udai
Legally you can break the contract and entitle to actual damages you suffer, for not fulfilling promise by the employer.
Practically
No body want that a Software engineer should work like a clerk but economics is a different subject. It is toughest one. Only an employer knows that how to manage your salary.
Personally I would like to say that no work is small. You should do it with utmost efforts. It will make difference.
When I first went to the court, My Father who was a well known advocate and having a big staff of advocates and munshees, appointed me under a Munshi Ji. On very first day, I found that the court forms were not easy to understand. They were having so many mistakes and so many Urdu words totally unknown to common person.
I changed all the form, converted them in pure Hindi, strictly in the way, the law required. It was surprising to whole the Court staff and whole the advocate community. It was astonishing for my father himself and other senior advocates of my fathers office.
Soon I got my place in my office.
Devajyoti Barman
(Expert) 05 July 2014
are you a legal consultant in your company?
T. Kalaiselvan, Advocate
(Expert) 06 July 2014
You have stated in your query which reads as follows:
On first day of joining they provided appointment letter and asked to sign terms and condition. I signed as I already left my company so didn't have any option to sign.
It means you have agreed to the terms of your company and then joined it. Also you have stated that since you had no option you joined it then, but since you found many options, you are coming out with your grudges against the company.
You may consult a local consultant and take his advise about proceeding further.
Uday
(Querist) 07 July 2014
I like J K Agrawal Sir reply which is constructive, T. Kalaiselvan Sir actually you are thinking little bit wrong that I now get Lot of options in other companies, how can anyone will be ready to take a employee who just join another company recently, so as I understand you were asking that after joining current company I get some opportunity in other companies (No Sir), if that is the case than I have option of quiting job and buy out for not serving the Notice period, that time I will not sue the company as I can compensate 1 2 months gap in my career, but problem is mal-practise of hiring employee.
Guest
(Expert) 07 July 2014
Depends upon the contents of ad and job profile which was mentioned in your offer or appointment letter/ agreement.
Uday
(Querist) 16 July 2014
Sir new problem arise here, they do not have any project and asked me to resign if I am saying I will not then they are telling to terminate me straightly and also not giving any pending dues and experience letter. Now I am really pissed of and wanted to know how to file a case in labour law against them. I want to ask for compensation for my future spoiling. what compensation I should asked for as I left very big company to join this company and they are in 3 months terminating me without giving any reason. Please help how to proceed. Now what will happen ? this totally spoiled my career, now how do I get new job. Its totally fraud they did to us (they do this to other employee I heard). Please sir I need to stop this Mal-Practise of career spoling of employees as they recruit for their mean and then remove without reason because they don't have project. Sir please help, I will not leave these bad companies. Very bad for innocent people who are accepting all these just because of their experience letter.
