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"Dear Sir/Madam, I am working in a Pvt. Ltd. company that is basically an It educational center. I am working in this company from past 18 months. My total work exp. is around 9 years. I joined this company for a Chat process. It had been mentioned by the HR and the manager at the time of the interview that my job responsibility will include chatting with INTERNATIONAL clients only and bring business to the company. It was all good Till Apr 2017. But, now our Sr. manager has been asked to leave our process due to xyz reasons. So the HR head of the company is now been designated as our manager. From the day she is appointed, She is making her on laws and harassing the team. I ma one of them . Our appointment letter states Mon- Fri working but in brackets (timings can be changed by the company). We also signed a bond for two years for a sum of 2 lakhs.

We have now been asked to calls for Domestic and International clients as well as chats from Domestic clients. Also we are working for 6 days now forcefully (that includes a Sat or Sund). She says that was can take a comp against it but, if someone asks for that, she becomes arrogant.

I will be highly obliged if I can get an advise if we can take any legal action against these deeds ? We signed the bond on the conditions that we will take international chats and our night shift will be from 6:oo pm to 3:30 AM (from home), She now forced us to do a graveyard shift (12 Am to 8 AM) stating it as a companies requirement.

So as they have changed their policies, does that bond still stands up or it is Void ? Also can they forcefully ask us to do additional tasks that were not in our job profile when we joined the company?

I am not medically fit. I have high cervical problem and anxiety disorder. I told her that I will not be able to do the Graveyard shift as my health does not allow so and I am on medicines. But in vein. Few people have already resigned due to this cheating, mental pressure and harassment.

is there any law that can help the Pvt.Ltd firm employees in this situation

I am new to this platform and not sure if we get a response or not, but if legal advisors do help on this platform, I will be happy to provide any additional information and will be obliged

Thanks
27th May 2017 From India, Delhi

Dear friend,

After going through your post, one gets a feel that your company might not be doing well financially. Since the old manager did not bring sufficient business, he was removed and new one was brought under a condition with certain business target. To fulfil her target she has been holding her team to ransom.

Coming to the solution to your problem. Let us discuss one by one.

You have been appointed to handle chat process for the international clients. However, owing to certain reasons, if your employers tell you to handle chat process of the domestic clients, then this may not be construed as major shift for the type of work that you do. In the interest of your company, you may show accommodativeness and accept it.

As far as working hours are concerned, are you working beyond 48 hours a week? If yes, then you are eligible for Overtime (OT) payment. Notwithstanding payment of OT, working beyond 54 hours per week is also illegal.

As far as change of shift timings is concerned, nothing much can be done. Employers are permitted to fix the shift timings as long as these do not exceed eight hours. However, in your case, the timing has been included in the agreement. Therefore, you may raise objection on this count. What type of bond paper have you signed? What is the legal validity? If the agreement is legally enforceable then provisions of Indian Contract Act, 1872 become applicable and either party cannot change the terms of contract unilaterally.

You may put up the application addressing MD of the company and explain your problem on your inability to do the night shift from 0000 to 0800 hours for the medical reasons. Attach the certificate from the certified medical practitioner about your disease. If your employer remains unrelenting then you may approach the Labour Officer (LO) of your area.

Please note that approaching labour officer is different from approaching labour lawyer. Latter is the redressal mechanism created by the government to solve the problems of the workers. It is free of cost. Whereas latter provides professional services on payment. Most of the employers do not show nerve to go against what the labour officer says.

There is flip side of approaching labour officer also. It could incense your employer and your employer might fix you in some or other issue and could terminate you. Therefore, if you make a complaint to the labour office, the logical step would be to ask for the discharge from the services. As such you have completed 18 months and quitting job should not be a problem.

Thanks,

Dinesh Divekar
27th May 2017 From India, Bangalore
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