Umakanthan53
Labour Law & Hr Consultant
Kelly1211
Accountant

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Hi
I shifted from Delhi to Bengaluru to take up an employment in an IT company. Before joining, I questioned the company as to what are the leave and other relevant policies of the company so that I can take an informed decision to join the company. But the company said that it can only disclose the same after joining. After 9 months of joining, company is now disclosing that it has Sandwich leave policy, with which I do not agree.
Not only this, the company mentioned 3 months notice period in the initial offer which I denied and the company agreed to have a notice period of 2 months and said that it will give the same in writing upon joining. Now I shifted from Delhi to Bengaluru with my family and the company gave me an appointment letter with 3 months notice period as they were aware of that there is no option to go back to the previous employment.
In such scenario, what are my legal rights against such fraudulent company who misrepresent or hide the important facts in order to get employees.
I would really appreciate if someone can reply to this with legal references.

From India, Bengaluru
Dear Kelly,
Well, going back from what is agreed in the pre-appointment negotiations with a new employee by the Company/employer after his/her joining is the indication of the total quality of the Management as you described. Since your post is silent about the position in the organization offered to you, I am not sure whether your demand for the special deviation from the general rules of Leave and notice conditions applicable to all other employees and its tacit acceptance by the Management is worthy of discussion at this point of time after your joining. It is also not known from your post what prevented you from insisting the modified conditions mentioned in the appointment orders. Hence, I am unable to think that your allegations are legally sustainable in the absence of proper evidence. Therefore, think about some other alternative.

From India, Salem
Dear Sir,
I specifically questioned the company when they approached me, to mention about their leave policies but they didn't. If they would have clarified to me before, I would have taken an informal decision not to join this company. Currently also, this company is not disclosing some important facts and misleads people to join this company. To my understanding, if company is hiding or misrepresenting the facts to a prospective employee to take up employment, it is illegal.

From India, Bengaluru
Dear Kelly,
No doubt that your contention is both ethically and legally correct and certainly deserves universal concurrence. Whenever any employee with a high degree of employability switches job in anticipation of better terms and conditions of service either on his own or in response to head-hunting by the prospective employer, he has to bear in mind the concept of caveat emptor. No oral assurance can be of any help in a later legal tussle in this regard for the employer can deny it very well on the ground of impossibility of having different sets of service rules for his employees of the same class. Better try to get some job in the same location with some other reputed Company as soon as possible and quit this organization without any further ruckus on the disputed issues.

From India, Salem
I am adding a point also. The organisation loses its credibility, with its employees and one stage has to face a organisational total system failure.
From India, Madras
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