Can My Company Demote Me After a Successful Project? Seeking HR Advice on Next Steps

Hi All,

I'm in a strange situation and I really need all of you who are experienced in HR to help me out, please. I have been working in a BPO in Mumbai for the last 4 years and was promoted to the Business Development team 8 months ago. However, the head of the department asked me and one of my colleagues to report directly to him and work on a project. At that time, he mentioned that it was an extension of business development and we would still be part of the same department. This project was initiated for one of our major clients as per their requirements. It involved conducting various satisfaction surveys, handling grievances, and managing employee relations, resembling more of an extended HR role. Throughout this project, my designation remained the same (Business Development Executive), and we were assured that once the project concluded, we would resume our business development activities.

Now, the project has abruptly ended due to the departure of the department head, and no one is willing to take responsibility for it. As per our previous conversation, we were supposed to return to the business development team; however, the senior manager is refusing to take us back into the department. Even though she was present during the initial discussions and did not object to our involvement in the project, she now claims that she does not want us back because we were assigned to a different project (failing to acknowledge that it was still within the same department).

I am a confirmed employee of the company, received a good appraisal score of over 95%, and was confirmed within 3 months of my promotion. Despite my excellent performance, the HR head recently informed us that we are required to return to taking calls (essentially a demotion) as they are unwilling to place us back in the same or any other department. I seek your guidance on whether a company/HR can take such action against a confirmed employee. I am determined to fight against this injustice and not resign or accept a demotion given my track record. Can the company terminate me for this reason? Can I request written clarification on these matters and take legal action against the company? Your help in this matter would be greatly appreciated.

Regards,

Seema
shaikhseema1@gmail.com

Your deputation to projects could only be regarded as what the Senior Manager said, "the need of the hour." The management has every right to assign and reassign duties according to the needs and scopes of activities. If you go through the sentences of the contract of employment, you will find it. Similarly, designation is not the ultimate mark of a job profile. These are very common issues being faced by employees of new-generation companies. When it becomes a problem for highly paid officials, you find no scope in labor laws to deal with it. Upgradation and degradation are very common features there. If you cannot accommodate yourself, you can leave, and the employer is seldom bothered about your 95% appraisal. For the head of the institution, this 95% is nothing when it was rated by his predecessor who has left the company! Nobody can claim that they are perfect and cannot be demoted. An HR can only follow the directions passed by the higher management. However, the HR can handle the matter as a violation of human rights as there exists an issue of preventing an employee from engaging in the original assignment for which one is employed. Therefore, present the matter in writing, highlighting that you were deputed to the project, and since the project has been abandoned, you want to come back to your parent department, and permission could be given for it. Let the concerned person give a reply in writing. In the meanwhile, view the other possibilities, i.e., chances of not giving any reply to your representation, directing you to join some other department, etc. In case of the first scenario, you can climb the higher ladder of management. But if you are directed to work in some other department with a different profile, then you will have to think about the future. As I have already pointed out, fighting within the framework is difficult, especially when you do not find any recourse in labor law except when you are terminated. Regards, Madhu.T.K

Dear Seema,

Salute to your courage! The reason for not taking you back into the previous position may be because your HOD could have had grievances against the management, leading to your departure from the organization. Since you were working on a project in addition to your regular job, it seems that after reviewing your grievance, I can say that the entire organization's HR practices are not being properly followed, showing clear bias. You became a victim of your HOD because he was supposed to assign the project to you in writing, which he failed to do. Now that he has already left.

Firstly, if the organization wants to terminate someone, they have to give a written notice with genuine reasons, for example, not performing well as per the annual performance standards. Secondly, demotion also requires a written explanation. However, if you have proof like a copy of a performance appraisal showing a high rating, such as 95%, keep it safe. This will force your organization to explain their actions if they act against you.

Thirdly, please consider if there are any better opportunities available, as this is a limited company, not a government entity. They might try to demote you or force you to leave the organization through other means. In the future, ensure that any additional tasks or permissions are confirmed in writing to protect yourself.

Chandresh
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Madhu is spot on in terms of the scope for fighting this out; 'you versus the organization' may not be the solution. Surprisingly, despite working for 4 years, there is a senior colleague who does not consider you fit for the BD team. You have performed well (as mentioned by you) previously, still credits have not been considered during reallocation. You have partnered the organization's growth; suddenly, you are not accepted just because a senior colleague personally does not approve of you. Think we are missing something here.

However, while making your representations, please make sure to ask what skills would be necessary to return to the BD team and let them tell you how they rate your available skills and what the gaps are. Surely, no one can deny the opportunity to a person, especially when there are policies related to 'inter-department transfers', promotions, lateral movements, etc., and when the senior management is committed to the well-being of employees. All the best! Definitely, it is a matter of your career, so a balanced approach will help you more.

I really hate this kind of attitude of managers. It's called PHD (Pull Him/Her Down), for their ego, they can spoil anybody's career. The only viable option I can see is to change your job; there is no point in grievances. I don't believe anybody will understand your emotion or situation. Jesus will always be crucified.

Dear Seema,

All these top management people are mostly like that by nature. For their sustenance and self-elevation, they will pressurize the subordinates. Firstly, identify how your superior wants you to be and try to act accordingly. Create a strong belief in him/her that you have really changed. I think this will definitely help you to regain your position. Once you attain your position, try to build rapport with other top management members, and now it's your turn to act against her.

It's just like our Indian politics…

Remember, going against the management directly will only affect you.

Dear Seema,

We admire your courage. I agree with the views of Mr. Madhu TK. The only amicable way is to find another job.