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Company changed my position without my acceptance
03-May-2023 (In Labour & Service Law)
I have been working since last 7+ years with a company. They moved me from one position to another without taking my acknowledgement of acceptance from me. During my vacation period they change the system records and notified employee of my new role. I have two letters from the company one with promotion and other one without promotion. None of them i accepted. In my appointment letter there is no clause that i would be moved to any position within company without my acceptance. Where do i stand in this case.
A contract of employment is a legal agreement between the employer and the employee. It contains terms, either 'express' or 'implied', that cannot lawfully be changed or varied without further agreement. Where there is a recognized trade union, this further agreement should be through collective bargaining.
If the employer wants to change an important term of you and your colleagues' contracts, it should first carry out a proper consultation, explaining the reason for proposing the change, allowing time for staff to consider the proposal and to suggest alternative ways of achieving the same result (for example, the employer could save money by doing something else instead).
Employers should offer compensation for any loss resulting from any change, and give enough advance notice so that employees are able to prepare.
An employee can decide to accept a change, and many terms of the contract are of course varied from time to time by mutual consent. For example, it is quite usual for pay to be varied (usually increased) on an annual basis.
In some cases, the contract may contain an express term, apparently permitting the employer to make unilateral changes (i.e. without your agreement). Even with such a clause, any changes must be reasonable and must be introduced appropriately.
If the employer wants to change an important term of you and your colleagues' contracts, it should first carry out a proper consultation, explaining the reason for proposing the change, allowing time for staff to consider the proposal and to suggest alternative ways of achieving the same result (for example, the employer could save money by doing something else instead).
Employers should offer compensation for any loss resulting from any change, and give enough advance notice so that employees are able to prepare.
An employee can decide to accept a change, and many terms of the contract are of course varied from time to time by mutual consent. For example, it is quite usual for pay to be varied (usually increased) on an annual basis.
In some cases, the contract may contain an express term, apparently permitting the employer to make unilateral changes (i.e. without your agreement). Even with such a clause, any changes must be reasonable and must be introduced appropriately.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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