Hi,
I recently joined a company (my 4th company). Here in the appointment letter, the notice period mentioned was 3 months and there was no clause of probationary notice period.
In the job description during recruitment, there were no sales responsibilities, and I was very clear at the point of recruitment that I would not be wanting to do any sales work. However, I was asked to do sales work in the 2nd month itself, which I did not agree to. They have informed me that the company will terminate my services because I denied taking up these additional responsibilities, ignoring my rights. Now, I am being told that I will be given a notice period of only 7 days. I spoke to them to give me the correct notice period as per the appointment letter or to extend it to at least a month as I would need to look for a new job, but they have not been understanding.
The company is also unlawful in their PF practices. Even though they deduct the PF amount, no credit is happening to the PF accounts of the employees.
Can I take legal action against the company as I am not in contempt of any misconduct or non-performance here? Only under those clauses can they terminate me immediately as per the offer letter. Please suggest what I should do.
Ms. George
From India, Bangalore
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I recently joined a company (my 4th company). Here in the appointment letter, the notice period mentioned was 3 months and there was no clause of probationary notice period.
In the job description during recruitment, there were no sales responsibilities, and I was very clear at the point of recruitment that I would not be wanting to do any sales work. However, I was asked to do sales work in the 2nd month itself, which I did not agree to. They have informed me that the company will terminate my services because I denied taking up these additional responsibilities, ignoring my rights. Now, I am being told that I will be given a notice period of only 7 days. I spoke to them to give me the correct notice period as per the appointment letter or to extend it to at least a month as I would need to look for a new job, but they have not been understanding.
The company is also unlawful in their PF practices. Even though they deduct the PF amount, no credit is happening to the PF accounts of the employees.
Can I take legal action against the company as I am not in contempt of any misconduct or non-performance here? Only under those clauses can they terminate me immediately as per the offer letter. Please suggest what I should do.
Ms. George
From India, Bangalore
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This is a clear case of miscommunication by the company in asking people to do jobs for which they were recruited. What were the nature of duties specified in the appointment letter? Verbal discussions during recruitment about no sales responsibility may not be binding if there is a clause in the appointment letter. The company could be in trouble if your allegation about non-deposit of PF collections is true. All you have to do is inform the regional commissioner of PF nearest to your office with details. They will check and take actions as laid down. Not giving you 3 months' notice as per the appointment letter is a breach of contract for which you can approach the courts. Of course, the court will take time for a remedy.
From India, Pune
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3251From India, Pune
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Thank you, Nathrao. I have the job description in an email which does not include any sales responsibilities. The appointment letter is kept pretty generic without details of the job role as an Account Manager (Client Servicing).
What kind of legal action can I take to assert my rights? Please suggest.
Regards,
Ms. George
From India, Bangalore
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What kind of legal action can I take to assert my rights? Please suggest.
Regards,
Ms. George
From India, Bangalore
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Accounts manager is basically the primary contact point for the client for all requirements from the company.
Sales duties normally do not fall within the charter of duties unless otherwise specified. As per what is written, there was no such agreement or acceptance of sales duties. The company trying to get you to do sales duties is extracting more than their pound of flesh.
Termination of your services with a notice period of 7 days is a breach of contract, and you can look for civil remedies. A good advocate will be of help if indeed you wish to go for legal action.
From India, Pune
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Sales duties normally do not fall within the charter of duties unless otherwise specified. As per what is written, there was no such agreement or acceptance of sales duties. The company trying to get you to do sales duties is extracting more than their pound of flesh.
Termination of your services with a notice period of 7 days is a breach of contract, and you can look for civil remedies. A good advocate will be of help if indeed you wish to go for legal action.
From India, Pune
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You should get yourself relieved after seven days. Thereafter, send a legal notice of misappropriation under section 406 IPC of PF dues deducted from you but not deposited, and for the recovery of 3 months less 7 days' notice pay to which you were entitled as per the contract. I hope you will be able to get your dues thereafter.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Dear Sushil, Instead of using 406 suppose we approach PF commissioner wont they take appropriate action against the company for collecting and not depositing PF dues.??
From India, Pune
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From India, Pune
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They are supposed to act, but it is because of collusion that such illegal acts are generally committed. One does not know how much time they will take. But through a legal notice, at least all of her dues, etc., are expected to be recoverable promptly.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Thank you for your guidance Nathrao and Sushil. I would highly appreciate if other experts too can give their opinion or suggestions. Regards, Ms. George
From India, Bangalore
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From India, Bangalore
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