• A case of deliberate underemployment

Is it possible to sue a company for forcing an employee to work as a manager with the designation of an engineer? I am working as an Operations Lead for the past 4 years handling and managing L1 and L2 support teams with direct reportees but with the designation of Senior Operations Engineer and in every appraisal I have been denied the designation change citing flimsy reasons. Initially it was delayed with the promise of next time and later on citing company conditions.
Asked 1 year ago in Labour from Bangalore, Karnataka

it is for company to decide your designation

2) management can give you additional responsibilities but not change your designation

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

The company cannot change your designation on which you were recruited though you can be given extra responsibility. Also the company policy and agreement with employee has to be seen as can after recruitment on post of engineer can at equal scale make you manager or not.

Report the issue to labour commissioner after seeing merits he shall give notice to company and try to resolve it on settlement if not matter will put up to labour court.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

It is better to quit this job as they are not going to reward for the actions you do for the company.

the civil suit to claim your legitimate dues would not be a good idea due to long lifespan of the suit and costs involved.

The private sector is not properly regulated and hence most employers take advantage of this.

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

Dear Client,

In your case it is deemed acceptance that even on protest, u r working on same designation. U could have resigned or resign now assigning same reason. If u have record of your objections regrading designation than

U can approach Labor commissioner for change of designation sitting/comparing your scope of work from past 4 years and actual work of Operations Engineer.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

It will totally depend on the terms of job contract and i will require more information from your side to give you proper guidance.

Lakshay Rathore
Advocate, Ahmedabad
6 Answers

4.0 on 5.0

Dear,

If you are not happy with this company policy, then better resigned from this company.

You are accepting this from last 4 years, why?

Or go to labour commissioner and file your complaint, they will definitely take action against them.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hi, you have to approach Deputy Labour Commissioner and file a complaint there so they will help you in the matter.

Pradeep Bharathipura
Advocate, Bangalore
4644 Answers
230 Consultations

4.5 on 5.0

You may see the employment offer letter conditions about the employment and other aspects.

For promotions, you would have been given a set of rules by the company, you may go through them.

You may initiate legal action if the conditions have been violated and discrimination shown to you, however better consult a local advocate specialised in the service laws before initiating any legal action so that your action should not backfire and you are affected by your own weapon.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

Dear Sir,

You can sue and bring them to terms.

Kishan Dutt Kalaskar
Advocate, Bangalore
4598 Answers
126 Consultations

5.0 on 5.0

Hello,

If in the employment agreement it is written that the company can take any such work from you which is in the benefit of the company then they can give you the same.

if you do not want to do the work as given by them then you may tender your resignation.

regards

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

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