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Author Topic: Designation change without notifying employee and formal agreement  (Read 2966 times)

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Offline abhidobhal

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I joined the current organization (Pvt Limited Company) in Nov 2013 as Solution Architect and all the communication including confirmation letter, employment agreement, and visa invitation letter also states Solution Architect during last and current fiscal year. During appraisal in Feb 2015 I came to that my designation had been revised to Project Leader, without clearly notifying me the designation change and seeking any acceptance or acknowledgement from me in any form of communication i.e. email,letter etc.
HR states that they had issue the appraisal letter for FY 2013-14 with new designation, but there is no reference of designation change in the entire letter. HR even do not ask for any acceptance or acknowledgement for the same. Also I was not part of the appraisal last year as I was not fulfilling the criteria (Joining date 31 Oct 2014)
This designation change have major impact in showcasing my functional expertise, also company is delaying my appraisals due to this issue.

My queries are as follows, need your expert advice on this:
1.   Is this illegal by company to change the designation without employee acceptance?
2.   Do company need to re-issue the employment contract
3.   Being not eligible for appraisal, why an appraisal letter was issued? Salary restructure or designation letter need to be issued instead?
4.   Confirmation letter, Visa letter, employment contract issued in the current year all with the solution architect.
5.   What legal action can I take so that I can revert back to the designation and also be eligible for the appraisals in the current year?
Thanks

Offline advcaroltripathi

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Re: Designation change without notifying employee and formal agreement
« Reply #1 on: March 14, 2015, 03:15:31 AM »
My queries are as follows, need your expert advice on this:
1.   Is this illegal by company to change the designation without employee acceptance?
Ans: It depends on what is the bylaws of the company, does it explicitly mention it.

2.   Do company need to re-issue the employment contract
Ans: its a pvt company's exclusive right it may or may not

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Offline abhidobhal

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Re: Designation change without notifying employee and formal agreement
« Reply #2 on: March 16, 2015, 11:07:45 PM »
Based on the reply below ,below are the thoughts i have

    pvt company do not come under the labor law?they can change any law and policy without informing employee
      Employees working in Pvt company do not have any rights

      Any comments on above,pls share

      Regards

Offline vivekjoshi

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Re: Designation change without notifying employee and formal agreement
« Reply #3 on: April 07, 2015, 11:09:19 AM »
Looking at the minimum details provided by you. The company has all the rights to change the designation after the appraisal.

There is hardly any legal remedy for you in this case. In any case you are not protected by Labor Laws as you are not a workman u/s 17 of ID act.
VIVEK JOSHI.
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