Upgrad LLM

is 'forced demotion/grade change' legal


Dear Friends,

I was hired 4 Yrs back in a MNC at a specific grade/band/title. Organization has now decided to change the titles/dissolve interim grades for all employees falling in that band. Per change, am now mapping in 1 lower grade/title/band; and my previous title is mapping to 1 higher band.

Though my all performance reviews have been atleast “Meets expectations”; I am unable to digest this demotion. Kindly, enlighten my understanding to accept the change or help with legal aspects to fight the case to atleast resume the same designation I was hired on.

 

Thanks,

P

 
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This seems like a case of constructive dismissal.
Constructive dismissal is very common in organisations. As such, most employees usually leave their boss and not the organisation. This could be because they don’t like the behaviour of the employer, were bullied at work, harassed, there was violence against you or the employers made you work in dangerous conditions. 


If an employee resigns from his/her job because of the employer then it could be considered as constructive dismissal. But, the employee has to show that the employer has committed a serious breach of contract which forced you to take such an action. 

Breach of contract would involve any of these conditions – your employer did not pay your dues or demoted you without any reason, hard/dangerous working conditions, change in the schedule outside your contract note such as night shifts, harassment, violence, etc. 

In such cases employees retain the right to seek legal course of action against the company and claim damages. 

 
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