Respected All,
Can the company change the reporting authority of an employee from a higher position to a lower position which violates the accepted terms and conditions stipulated in the appointment letter? That's too to a position/rank which is typically subordinate to the position in the query.
Thanks,
From India, Mumbai
Can the company change the reporting authority of an employee from a higher position to a lower position which violates the accepted terms and conditions stipulated in the appointment letter? That's too to a position/rank which is typically subordinate to the position in the query.
Thanks,
From India, Mumbai
Dear member,
Your query is interpretative. Rather than giving an interpretative account of what happened, would you mind providing details what is the actual case?
Whose reporting authority is changed? Who was the reporting authority earlier and who is it now? Does the person in question has been told to report to his or her subordinate?
Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Your query is interpretative. Rather than giving an interpretative account of what happened, would you mind providing details what is the actual case?
Whose reporting authority is changed? Who was the reporting authority earlier and who is it now? Does the person in question has been told to report to his or her subordinate?
Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
Respected Dinesh Ji,
The company had appointed someone as Plant Head for their plant. The company has a notorious history of changing/replacing plant heads and other heads and the market reviews on the company are very negative. The plant head had before joining inquired about the job security and the company culture. But the company assured him. He then joined with the company in good faith and expectations. However, the company hired a candidate as operations head after just 6 months. The same was terminated by the company few years ago. The plant head is hierarchically superior in office than that of the operations head. Now the company changed the seating position of the plant head and asked the operations head to sit there. The company further pressurized the plant head to report to the operations head. The plant head is comparatively having more qualifications and experience. The plant head is pleading that the position of operations head is subordinate to the position of plant head. But the company continues to pressurizng to report to the operations head through their HR and legal team. But the plant head's conscience doesn't allow him to follow the company's unethical and arbitrary wishes. In the appointment letter issued to the plant head, the reporting authority is the CMD/Director. The company now relieved the plant head giving 2 months BASIC salary forcefully denied to clear bonus, leave encashment and 3 months performance linked salary. In the appointment letter, the termination clause is 2 months for the company and if the employee wants to leave, then notice period is 3 months. The company also takes a bond of 3 years during joining. The company does not give holiday even on Holi, Labour day May 1. The company is in the north and the company has strong hold with local administration, politicians. In the last 6 months, at least 25-30 employees from different departments left their jobs after salary ignoring 10-12 days salary. The company pays salary very late not by 7th of the month. Normally pays salary 10th -13th.
Innocent employees are helpless and silently enduring and getting exploited. Our labour laws and guidelines are ineffective and our government is doing nothing.
In this circumstances, please guide what should the employee plant head do?
Thanks and regards,
From India, Mumbai
The company had appointed someone as Plant Head for their plant. The company has a notorious history of changing/replacing plant heads and other heads and the market reviews on the company are very negative. The plant head had before joining inquired about the job security and the company culture. But the company assured him. He then joined with the company in good faith and expectations. However, the company hired a candidate as operations head after just 6 months. The same was terminated by the company few years ago. The plant head is hierarchically superior in office than that of the operations head. Now the company changed the seating position of the plant head and asked the operations head to sit there. The company further pressurized the plant head to report to the operations head. The plant head is comparatively having more qualifications and experience. The plant head is pleading that the position of operations head is subordinate to the position of plant head. But the company continues to pressurizng to report to the operations head through their HR and legal team. But the plant head's conscience doesn't allow him to follow the company's unethical and arbitrary wishes. In the appointment letter issued to the plant head, the reporting authority is the CMD/Director. The company now relieved the plant head giving 2 months BASIC salary forcefully denied to clear bonus, leave encashment and 3 months performance linked salary. In the appointment letter, the termination clause is 2 months for the company and if the employee wants to leave, then notice period is 3 months. The company also takes a bond of 3 years during joining. The company does not give holiday even on Holi, Labour day May 1. The company is in the north and the company has strong hold with local administration, politicians. In the last 6 months, at least 25-30 employees from different departments left their jobs after salary ignoring 10-12 days salary. The company pays salary very late not by 7th of the month. Normally pays salary 10th -13th.
Innocent employees are helpless and silently enduring and getting exploited. Our labour laws and guidelines are ineffective and our government is doing nothing.
In this circumstances, please guide what should the employee plant head do?
Thanks and regards,
From India, Mumbai
Dear member,
What has happened with the Plant Head is unfortunate. It is irksome to note the ordeal he and others endure in that company.
Let me come to the point. The appointment of the Operations Head was a signal to the Plant Head that in their scheme of things, he is de trop. Since the Plant Head continued his employment, the employer humiliated him further by telling him to report to the Operations Head. Even after creating unsuitable conditions for employment, when the Plant Head did not put in his papers, he was told to go.
As far as seeking justice is concerned, the Plant Head can file a suit for the condition of the unequal notice period in the appointment letter and for the non-payment of the Productivity Linked Bonus (PLB). However, one knows well that the wheels of justice move at a snail's pace in India, and it could exasperate the Plant Head. Therefore, whether to reconcile with the injustice and maltreatment meted out to him or take a course of litigation is a call the Plant Head has to make!
Last, about the labour laws you have described them as ineffective. Please note that not just labour laws, but many other laws have been rendered ineffective. The laws do not become ineffective on their own, but their poor implementation and the broken judiciary make them ineffective. While politicians are worrying about "ease of doing business", they hardly care about the exploitation of the labour that happens while making things easy for doing business. Otherwise, the political leaders are promoting their brand image, calling themselves teachers of the world; these marketing gimmicks rest on the victimisation of the labour. That is a sad truth Indians have to live with!
Thanks,
Dinesh Divekar
From India, Bangalore
What has happened with the Plant Head is unfortunate. It is irksome to note the ordeal he and others endure in that company.
Let me come to the point. The appointment of the Operations Head was a signal to the Plant Head that in their scheme of things, he is de trop. Since the Plant Head continued his employment, the employer humiliated him further by telling him to report to the Operations Head. Even after creating unsuitable conditions for employment, when the Plant Head did not put in his papers, he was told to go.
As far as seeking justice is concerned, the Plant Head can file a suit for the condition of the unequal notice period in the appointment letter and for the non-payment of the Productivity Linked Bonus (PLB). However, one knows well that the wheels of justice move at a snail's pace in India, and it could exasperate the Plant Head. Therefore, whether to reconcile with the injustice and maltreatment meted out to him or take a course of litigation is a call the Plant Head has to make!
Last, about the labour laws you have described them as ineffective. Please note that not just labour laws, but many other laws have been rendered ineffective. The laws do not become ineffective on their own, but their poor implementation and the broken judiciary make them ineffective. While politicians are worrying about "ease of doing business", they hardly care about the exploitation of the labour that happens while making things easy for doing business. Otherwise, the political leaders are promoting their brand image, calling themselves teachers of the world; these marketing gimmicks rest on the victimisation of the labour. That is a sad truth Indians have to live with!
Thanks,
Dinesh Divekar
From India, Bangalore
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