Terms of employment changed without my consent
Simple saroha
(Querist) 30 May 2018
This query is : Resolved
I started with this US based company based in Gurgaon on 1st March, 2016 on condition that I will work from home for 7 pm-10:30pm IST and later half till 4 am IST from office.
I just got email today from HR that company no longer allows work from home and that I need to work from office on all days without even discussing with me.
I am 44 year old women and cant take stress to work from office for that long.
Before joining this company, I was working full time from home fror 10+ years and I joined this company only on this condition. I have written agreement for given agreed timings from VP HR(he has resignd now).
I just spoke with current HR head of this company and he told that person who has signed agreemnt with you(VP HR, that time) is no more with us hence that agreement stand invalid.
Few days earlier, I had a disagreement with owner of the company and he asked me to resign but I asked him to terminate me if required. It all happend because I asked for the salary hike which was promised after an year but not given till date. I stopped coming to office for 2 days and then HR Head asked to to come and join and start work as usual. I also have email on same.
Please advise how should I proceed?
Ms.Usha Kapoor
(Expert) 30 May 2018
Did your employer give you option of working home or part of work he facilitated for yo0u doing the job for home. But normally The general position in employment law is that an employer may not vary an employee's terms and conditions without first obtaining the employee's express consent to the variation.
Employers may reserve the right to unilaterally amend employees' contracts of employment
S9ince as per the above the employer reserves his right to unilaterally change your terms of contract ultimately you cant do anything regarding this. Regarding your salary hyke after end of the year you join your employees union and demand. If there is no union YOU CAN FILE A CASE IN LABOUR COURT/COMMISSIONER YOUR GRIEVANCE OF EMPLOYER NOT AGREEING FOR SALARY HIKE And Not GIVING YOU opportunityTO OPERATE FROM HOME FOR PART OF THE work WHICH IS AGAINST THE TERMS OF CONTRACT WITH THE EMPLOYER.PRIOR TO APPROACHING LABOUR COURT/COMMISSIONER YOU SHOULD ALSO GIVE A LEGAL NOTICE OF 15 DAYS TO EMPLOYER IF YOU DON'T GET RESPONSE WITHIN NOTICE PERIOD OR SATISFACTORY RESPONSE YOU FILE A SUIT SEEKING THE ABOVE RELIEFS AS PER THE CONTRACT.. In case these demands are not fulfilled also pray for your termination of your services.
Guest
(Expert) 30 May 2018
If condition if specified in the offer/appointment letter without any proviso or condition to change, the original conditions cannot be changed. However, it may be better for you to get the offer letter/ appointment letter examined in detail from some service laws expert, as any purposeful opinion cannot be formed without examination of your service related documents.
Adv.Ambrose Leo
(Expert) 30 May 2018
You have a complicated serious issue better to consult a Professional Labour & Employment and Service matter specialist with details of terms & conditions to protect your interest quickly.
Adv.Ambrose Leo
(Expert) 30 May 2018
It is a MNC and they have to survive & succeed during the continuity of their goals & objectives and end results in the interest of the company.Employees are also part of the process and cooperate and help in this fulfillment.If there are unreasonable & against your personal interest you have options of various forms of grievance redressal options as per the law which you can exercise.
P. Venu
(Expert) 30 May 2018
There could be many ifs and buts, as far as practical aspects are concerned; but the position is unequivocal in that there could not be any unilateral change in the terms of a contract. As such, you have option to approach a civil court; but the outcome could be uncertain given the novelty of the issues involved. Please weigh the pros and cons carefully before initiating any action.
Guest
(Expert) 01 June 2018
Sticking to an opinion by any expert without knowing the conditions of employment has no relevance.
Adv.Ambrose Leo
(Expert) 01 June 2018
Employment & Labour and Service Matters there is Master & Servant Relationship exist till cessation of employment.Now our Expert P. Venu has very rightly advised that before any action all aspects to be examined,as the final out come is certain.on the above principle.
