Feeling Trapped by New Work Policies and Health Issues: Can I Take Legal Action?

Dear Sir/Madam,

I am working in a Pvt. Ltd. company that is essentially an IT educational center. I have been with this company for the past 18 months, with a total work experience of around 9 years. I initially joined this company for a chat process, as indicated by the HR and the manager during the interview. My job responsibility was specified to involve chatting with INTERNATIONAL clients exclusively and generating business for the company. Everything was going well until April 2017. However, our Senior manager has been asked to leave our process due to unspecified reasons. Consequently, the HR head of the company has now been appointed as our manager. Since her appointment, she has been imposing her own rules and harassing the team, of which I am a part.

Our appointment letter states Monday to Friday working hours, with a note in brackets mentioning that timings can be changed by the company. Additionally, we signed a two-year bond for a sum of 2 lakhs.

Recently, we have been instructed to make calls to both domestic and international clients, as well as handle chats from domestic clients. Furthermore, we are now required to work six days a week, including either a Saturday or Sunday. While she mentions the option of compensatory offs, she reacts arrogantly when someone requests them.

I would appreciate advice on whether we can take legal action against these actions. We agreed to the bond under the condition of handling international chats and night shifts from 6:00 pm to 3:30 am (from home). However, we are now being forced to work a graveyard shift from 12 am to 8 am, justified as a company requirement.

Given the changes in policies, does the bond still hold or is it void? Can the company compel us to perform additional tasks that were not part of our original job profile?

I am not in good health; I have a high cervical problem and an anxiety disorder. Despite informing her about my health issues and medication, she insists I work the graveyard shift. Several individuals have already resigned due to deception, mental stress, and harassment.

Is there any legal protection available for employees of Pvt. Ltd. firms in such situations?

I am new to this platform and uncertain about receiving a response. However, if legal advisors are available here, I would gladly provide any further details needed.

Thank you.

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

Solution to your problem

Let us discuss one by one.

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

Working hours and overtime

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

Change of shift timings

Not much can be done. Employers are permitted to fix the shift timings as long as they do not exceed eight hours. However, in your case, the timing has been included in the agreement. Therefore, you may raise an objection on this count. What type of bond paper have you signed? What is the legal validity? If the agreement is legally enforceable, then the provisions of the Indian Contract Act, 1872 become applicable, and either party cannot change the terms of the contract unilaterally.

You may submit an application addressing the MD of the company and explain your problem with your inability to work the night shift from 0000 to 0800 hours due to medical reasons. Attach a certificate from a certified medical practitioner regarding your condition. If your employer remains unrelenting, you may approach the Labour Officer (LO) in your area.

Approaching a labor officer

Please note that approaching a labor officer is different from approaching a labor lawyer. The former is the redressal mechanism created by the government to solve the problems of workers and is free of cost. Whereas the latter provides professional services for a fee. Most employers do not dare to go against what the labor officer recommends.

There is a flip side to approaching the labor officer as well. It could anger your employer, who might find a way to create issues and terminate your employment. Therefore, if you file a complaint with the labor office, the logical step would be to request a discharge from your services. Since you have completed 18 months, quitting your job should not be a problem.

Thanks,

Dinesh Divekar