Legal Action Against Employer For Denying Notice Period Under Probation - CiteHR
Nathrao
Insolvency N Gst Professional
Sushilkluthra@gmail.com
Consultant In Legal Matters
Miss.George
Account Manager

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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 was no Sales responsibilities and I was very clear at the point of recruitment that I will not be wanting to any Sales work. But I was asked to do Sales work in the 2nd month itself for which I did not agree for. They have told me that the company will terminate my services because I denied taking up these additional responsibilities ignoring my rights. And 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 appointment letter or to extend it to at least a month as I would have to look for new job and they have not being understanding.

The company is unlawful also in their PF practices and even though they deduct the PF amount but no credit is happening to 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 should I do.

Ms. George

This is a clear case of miscommunication by company in asking people to do jobs for which they are recruited for.
What was the nature of duties specified in appointment letter?
Verbal discussion during recruitment about no sales responsibility may not be binding, if some such clause is there in appointment letter.
Company can be in trouble of your allegation about non deposit of PF collection is true.All you got to do is inform the regional commissioner of PF nearest to your office with details.They will check up and take actions as laid down.
Not giving you 3 months notice as per appointment letter is breach of contract for which you can approach courts.
Court off course will take time for remedy.

Thank you Nathrao. I have the Job description in 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 right?
Please suggest.
Regards,
Ms.George

Accounts manger is basically a primary contact point for the client for all requirements from the company.
Sales duties normally do not fall in 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 notice period of 7 days is 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

You get yourself relieved after seven days and thereafter send legal notice of misappropriation under section 406 IPC of PF dues deducted from you but not deposited and recovery of 3 months less 7 days notice pay which were entitled to as per contract. I hope you will be able to get your dues thereafter.
Thanks
Sushil

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.??
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 legal notice at least her all pf dues etc are expected to be recoverable promptly.
Thanks
Sushil

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
Thank you Nathrao and Sushil for your guidance. I will highly appreciate if other experts too can give their opinions or suggestions. Regards, Ms. George
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