Sriram 10 October 2017

Need expert opinion on disparity with offer of employment

Need expert opinion on couple of points.

I took an offer and joined a private firm (software) based on the designation mentioned in the offer letter;
After I joined I had been told by the HR that they DO NOT have a ROLE / TITLE of that name and moved me to a lower position as Manager.
I declined the offer initially when I was approached for a Manager position and I believe the HR team has played around to make me take up the same role.
My designation in payslips and my offer letter are different and I want to know whether I can sue the employer for cheating.

Also, the company never disclosed the terms of employment with employees till they come on-board. One of the many issues is that the company pays only basic salary during notice period. Can this also be contested against the employer for not disclosing the details upfront?

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5 Replies

SHREY DAMBHARE 10 October 2017

You have case in respect if cheating and non-discloser of terms of employment but in respect of dues you don't have case. Instead of police complaint, you should file private complaint before the Magistrate for effect disposal of your complaint. Meanwhile check whether this company is registered or not? It may come to your notice that some big fraud is going on. You will find details of Company from web site of Ministry of Corporate Affairs.

Sriram 10 October 2017

Thank you for the quick response.

I will take this issue up as suggested. Thanks once again.

Sriram 10 October 2017

Did checked the Ministry of Corporate Affairs site to confirm that the company has been registered.

Kumar Doab (FIN) 10 October 2017

You have not posted which designation/Role was mentioned in offer letter issued to you?

Did you sign it towards acceptance?

Do you have the copy of job advt, job application that show the job advertised, Role ,Title?

Sriram 11 October 2017

Sir, Please find the answers below.

Role mentioned in offer letter: QA Head

Actual role alloted in the internal system: QA Manager

The appointment letter which was signed by both parties (myself & the HR Manager) reads Product QA Head.

Job descripttion shared was initially for QA Manager. I was invited for discussions mentioning that the role might vary based on the interview performance; Initially the offer was rolled out for a QA Manager role and I declined the same. The counter-offer was made with title 'QA Head'.