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Dinesh   28 July 2017

Can i file a case against my employer and where?

Hi - I belong to Delhi and I was offered a job by a private company in Kerala. I bought air tickets for myself and my family and went to Kerala to join the company. On the day of joining, I was told verbally by the company HR about several restrictions by the company which were never disclosed to me earlier. Some of the restrictions included working till late night, wearing specific colored shirts, the style of shirts, prints on shirts, shirts with only sleeves allowed and a few more. After hearing so many restrictions, I was not confident to sign the contract of employment with the employer and I left back to Delhi. My trip to Delhi and back costed me around 70K on the personal front. I am not too sure if I can file a complaint against the employer in a labour court? If that is an option, do I need to go to Kerala, as that would involve spending more of money in just commuting there or do I have any option from Delhi also?. Pls. advise, what all options do I have from here on.



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 19 Replies


(Guest)

Not a fit case for labour court or Delhi.

 

 

 

Raveena Kataria (Advocate )     28 July 2017

Hi! Well, in my opinion, had the call letter or the appointment letter that was sent by the company to you included any terms along the line that the company' would be liable for your travelling expense, only then you would be entitled to any claim.

Kumar Doab (FIN)     28 July 2017

If you were called to attend the interview the expenses should be paid.

However the establishment may not agree to pay for your family.

The candidiate was called from Delhi so expenses shuld be paid from Delhi; to and fro.............

 

Kumar Doab (FIN)     28 July 2017

Probably the establishment had its dress code and you found it repelling....

Adv. Aditya (Litigator GROSON ADVISORS)     28 July 2017

at the outset, delhi courts has jurisdication. 

now,

some companies reimburse their employees for travelling expenses incurred by them when they opt for out of state work and settle there. 

a civil suit may be made out. some amount should be reimbursed by them, on the grounds of equity. I'd also call it wrongful loss occasioned by you. they must share some part in it.

i personally feel that they could have conveyed to you all the details that they furnished orally on the date of joining. it is crucial, whether it was crucial before or not does not matter, it is now and it is from now on. 

 

Disclaimer: You are hereby notified that the above mentioned is only to read and shall not be used anywhere and any loss, if any, that may arise on your use of the above mentioned, is at your own hands and the author owes no liability.


(Guest)

Do as your conscious drives  In the absence of discussion about the terms & conditions of offer letter, nothing can be said with certainty.

 

 

Kumar Doab (FIN)     29 July 2017

Although it is entirely discretion of employer’s establishment/designated official of establishment to issue offer letter even before interview or interview is completed………….

Usually job advt is released and job applications are called for from interested eligible candidates

The job applications are scrutinized and shortlisted candidates are called for interview and offer letter is issued to selected/shortlisted candidates……………..and some wait listed candidates are kept..

 

The candidates that accept the offer are appointed and appointment letter is issued………..

Kumar Doab (FIN)     29 July 2017

 

It is usually out of context to issue offer letter before final interview…………..

Still if anyone pots in the threads at LCI or anywhere else that offer letter shall describe how one shall appear for interview, what expenses shall be paid for attending the interview then it is one’s personal choice and it is also choice of establishment/designated official/employer and candidate……………

 

Te limited understanding is that the establishment/designated official/employer communicates (and preferably should communicated by effective mode say letter by Redg. Post or atleast email….) what expenses shall be paid for attending interview; actual/fixed……..by rail/air/taxi/bus or say candidate shall be picked up and dropped by company’s  chauffeur driven car  etc etc …………….At times company provided with tickets to travel ( to and fro) to destination venue for interview and refreshments … for self and even family or advance to enable to attend interview and meet other expenses…

 

Candidate has full discretion to ask/demand to provide say; actual/fixed……..by rail/air/taxi/bus or say company’s  chauffeur driven car  etc etc ……………. tickets to travel ( to and fro) to destination venue for interview and refreshments … for self and even family  or advance to enable to attend interview and meet other expenses……

 

This is a matter between candidate and establishment….

 

To issue offer letter before interview is somewhat unusual, unheard off………………

Kumar Doab (FIN)     29 July 2017

If establishment/designated official/employer agreed to reimburse Air tickets for entire family then it should make the payment.

Dinesh   31 July 2017

Thanks so much to everyone for taking time to respond to my question, I really feel obliged to see the time you all have spent in responding to this issue or problem statement. Thanks a lot for everyone's time and suggestions! 
 
Let me pls state a few facts here, which might make things clearer:
 
  1. I went to Kerala, not to give any interview. I had already given a few rounds of telephonic and skype interviews around a month back. I was later sent a soft copy of the offer letter, and I went to Kerala to join the company there.
  2. The company HR shared all those restrictions when I met them in person in their Kerala office, on the day of joining the company. Having said that, they shared everything verbally and not in writing.
  3. Initially the company never stated that they would re-imburse any expenses whatsoever - neither verbally nor in writing. But later, it was only at the time of joining, as a part of my discussions with the company HR, the HR manager stated(verbally) that he would get my expenses reimbursed as this had happenned only because the specific restrictions were not shared with me transparently before I came to Kerala. Had this been shared earlier, I shall have said NO from here rather than going all the way to Kerala and coming back. But now, the same HR manager is not responding to any of my phone calls. I feel that right now, he might even refute his own verbal statement in which he agreed to get my expenses reimbursed.
  4. I can understand upto some extent that a company or an establishment cannot be held liable/accountable for the expenses incurred by the whole family, which still makes sense.
Let me try to summarize my questions here:
 
1. If an individual has not yet joined a company, and there is a dispute/disagreement between the individual and the employer, is this in the scope of Indian Labour Court/s? Or does the role of labour court come into picture only after an individual has joined a company/organization?
 
2. Considering that a firm/organization intentionally hides some information from an individual who is supposed to be joining the firm/organization, which would directly influence his decision to join the company or not, the individual is at loss either of the ways:
       i) If he decides not to join the company, he has to bear the loss of all the travel expenses.
  ii)If he joins, irrespective of his willingness, he has to abide by all the stringent rules/restrictions, which he was earlier never aware of. Some people might join the company looking at the loss they might incur if they don't join. All that I am trying to say is that it negatively influences an individual's right to make a free decision without any compulsions.
  
  The question that I have here is - Is there no provision in the indian law(labour or civil, etc.) which can safeguard an individual's right to make a non compelling free decision to join a firm/establishment? Some provision which controls/restricts a firm or an organization to not use wrong means of recruitment/hiring as a result of which individuals might need to suffer either economically or he might end up losing his previous job? 
  
   

Kumar Doab (FIN)     31 July 2017

Originally posted by : Dinesh
Thanks so much to everyone for taking time to respond to my question, I really feel obliged to see the time you all have spent in responding to this issue or problem statement. Thanks a lot for everyone's time and suggestions! 

 

Let me pls state a few facts here, which might make things clearer:

 


I went to Kerala, not to give any interview. I had already given a few rounds of telephonic and skype interviews around a month back. I was later sent a soft copy of the offer letter, and I went to Kerala to join the company there.
The company HR shared all those restrictions when I met them in person in their Kerala office, on the day of joining the company. Having said that, they shared everything verbally and not in writing.
Initially the company never stated that they would re-imburse any expenses whatsoever - neither verbally nor in writing. But later, it was only at the time of joining, as a part of my discussions with the company HR, the HR manager stated(verbally) that he would get my expenses reimbursed as this had happenned only because the specific restrictions were not shared with me transparently before I came to Kerala. Had this been shared earlier, I shall have said NO from here rather than going all the way to Kerala and coming back. But now, the same HR manager is not responding to any of my phone calls. I feel that right now, he might even refute his own verbal statement in which he agreed to get my expenses reimbursed.
I can understand upto some extent that a company or an establishment cannot be held liable/accountable for the expenses incurred by the whole family, which still makes sense.


Let me try to summarize my questions here:

 

1. If an individual has not yet joined a company, and there is a dispute/disagreement between the individual and the employer, is this in the scope of Indian Labour Court/s? Or does the role of labour court come into picture only after an individual has joined a company/organization?

 

2. Considering that a firm/organization intentionally hides some information from an individual who is supposed to be joining the firm/organization, which would directly influence his decision to join the company or not, the individual is at loss either of the ways:

       i) If he decides not to join the company, he has to bear the loss of all the travel expenses.

  ii)If he joins, irrespective of his willingness, he has to abide by all the stringent rules/restrictions, which he was earlier never aware of. Some people might join the company looking at the loss they might incur if they don't join. All that I am trying to say is that it negatively influences an individual's right to make a free decision without any compulsions.

  

  The question that I have here is - Is there no provision in the indian law(labour or civil, etc.) which can safeguard an individual's right to make a non compelling free decision to join a firm/establishment? Some provision which controls/restricts a firm or an organization to not use wrong means of recruitment/hiring as a result of which individuals might need to suffer either economically or he might end up losing his previous job? 

  

   

You cleared ionterviews and offer letter and direction to appear at HO at Kerala was issued and supplied to you.

At HO it was confirmed that all requisite info was not shared with you and  your expenses shall be paid.

Now it is upto your personal skills or skills of your counsels.

Does company have an office at Delhi/your location?

 


(Guest)
Originally posted by : Dinesh

Thanks so much to everyone for taking time to respond to my question, I really feel obliged to see the time you all have spent in responding to this issue or problem statement. Thanks a lot for everyone's time and suggestions! 

Let me pls state a few facts here, which might make things clearer:

I went to Kerala, not to give any interview. I had already given a few rounds of telephonic and skype interviews around a month back. I was later sent a soft copy of the offer letter, and I went to Kerala to join the company there.
The company HR shared all those restrictions when I met them in person in their Kerala office, on the day of joining the company. Having said that, they shared everything verbally and not in writing.
Initially the company never stated that they would re-imburse any expenses whatsoever - neither verbally nor in writing. But later, it was only at the time of joining, as a part of my discussions with the company HR, the HR manager stated(verbally) that he would get my expenses reimbursed as this had happenned only because the specific restrictions were not shared with me transparently before I came to Kerala. Had this been shared earlier, I shall have said NO from here rather than going all the way to Kerala and coming back. But now, the same HR manager is not responding to any of my phone calls. I feel that right now, he might even refute his own verbal statement in which he agreed to get my expenses reimbursed.
I can understand upto some extent that a company or an establishment cannot be held liable/accountable for the expenses incurred by the whole family, which still makes sense.

Let me try to summarize my questions here:

1. If an individual has not yet joined a company, and there is a dispute/disagreement between the individual and the employer, is this in the scope of Indian Labour Court/s? Or does the role of labour court come into picture only after an individual has joined a company/organization?

2. Considering that a firm/organization intentionally hides some information from an individual who is supposed to be joining the firm/organization, which would directly influence his decision to join the company or not, the individual is at loss either of the ways:

       i) If he decides not to join the company, he has to bear the loss of all the travel expenses.

  ii)If he joins, irrespective of his willingness, he has to abide by all the stringent rules/restrictions, which he was earlier never aware of. Some people might join the company looking at the loss they might incur if they don't join. All that I am trying to say is that it negatively influences an individual's right to make a free decision without any compulsions.

  The question that I have here is - Is there no provision in the indian law(labour or civil, etc.) which can safeguard an individual's right to make a non compelling free decision to join a firm/establishment? Some provision which controls/restricts a firm or an organization to not use wrong means of recruitment/hiring as a result of which individuals might need to suffer either economically or he might end up losing his previous job? 
 

 

Without establishing employee-employer relations, there is no relevance of any dispute with the employer.

Normally, verbal assurances by any HR, unless written down and signed, are normally made only to dupe a candidate and are made to be forgotten.

However, you could have decided on the basis of written terms of the offer letter.

 

Dinesh   31 July 2017

Yes, the same company has 2 offices in Delhi/NCR.

Kumar Doab (FIN)     31 July 2017

You were to be located at Delhi.

Company has office at Delhi.

You left after reproting to HO since T&C were changed/not uinformed.

You may succeed to agitate at Delhi.


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