Arnab Chakraborty (Flagship consultant) 02 August 2014

Need a legal advice

Hello everyone,

I need a legal advice for my current situation. I joined in a retail sector as a flagship consultant in a third party pay role, and while joining they told us that we will be working in a flagship luxurious store. But after joining we understood that the project is not ready and they placed us multi brand stores where the work culture is not professional. So I complained lots of times regarding this via telephone and email. But they didn't sorted out. Then they changed my store location in the mid of the week and there I faced a problem while taking my weekly off. And my sales manager called me and started insulting over phone. Then I justify myself in a formal way through emails and showed my concerned about the fact that we have been told that we will be working in flagship stores during the interview and the consultancy and we are getting a different work environment. I also mentioned aboutthe discrimination between new & old colleague. And I cc all the mails to my hr.and all the mails was written in a formal way. But now they are blaming me for rudeness because they didn't like me to justify. And they are saying to relocate to Lucknow or leave the job. They want me to relocate instantly or resign. And they are not giving any notice period if I resign.

it's clearly mentioned in the contract that both side need to give 30 days notice period and they can terminate me instantly on the case of nonperformance. But I joined on May and after that I didn't got any target or they didn't provide any system to record my sales and all the sales went to the other old colleague, so how they can say its a case of non performance. And in my contract it's written the job location is in kolkata and there is nothing mention that it's a transferable job.

I want to complain against them as they have lied during hiring, they are forcing me and giving mental pressure to resign just because I justify myself. So please tell me what should I do, as they wasted my time, and played with my career. Please give some advice.

regards

Arnab

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2 Replies

Gagandeep Goel (Advocate) 02 August 2014

As per the Advocate Act, an advocate can not involve himself in any business activity directly or indirectly. So in case you have the relevant evidence with you, you can file a complaint for the cancellation of licence of the advocate with the concerned state bar council.

Regards

Hello Arnab

I will be very precise and accurate..

You have entered into an employment agreement only and not in an agreement of slavery. U have all ur rights intact and have a right to be treated in a respectful manner. The clause of one month is applicable in case of non performance and it never mentioned that if an employee his humiliated and disrespected then he suffers a greater loss than one month’s salary.

Send them a legal notice stating all the facts and file a criminal complaint regarding cheating as the intention of cheating was from the very beginning of the contract and you rendered your personal services in relation to the said cheating. So go ahead and do the needful. The opposite party will bend for a compromise.

Gagandeep Goel

(Advocate & Legal Consultant)

Punjab & Haryana High Court

Contact Info: House No. 1119, Sector 18-C, Chandigarh, 160018. (M) 0 987 220 6969 (R) 0172 4647 003.

(Email) goel1119@yahoo.com

T. Kalaiselvan, Advocate (Advocate) 03 August 2014

With the evidences in your possession about the terms of employment or agreement and company's negligent attitude towards you despite your representations, you may send a legal notice demanding your rights as per the terms signed by both, upon anon responsive reply, you may choose further legal course of action, consult a local advocate and take his further advise on the subject.