Legal Question in Employment Law in India

Dear All,

I was working for a very reputed organization at a good position. I was offered a position with another company with better pay and a offer letter issued. Just before reporting to there office on the joining day, they told me that I have to report to another office of theirs for training purpose. They informed me it would be for 4-5 days. On reaching there they bluntly told me that I have to stay there on deputation and I cannot go back home. I had taken this offer only because it was a posting in my home town. I have old retired parents with me with no one to take care. I latter leanrt that they do not have any position in the original place of posting and are forcibly keeping me here on deputation without any communication for going back. Further, I am facing a lot of verbal abuse which is not appropriate . I find it a conspiracy to make me leave the job.

The offer latter stated that, I would be given a detailed appointment letter on joining with the detailed terms and conditions. However even after completion of one month here, I am still to receive the appointment letter. I have to go home at any cost, since there is no one at home to take care of my parents who are unwell. I think I would be forced to resign.

Can I get justice in the court of law for this unfair practice? Kindly advise me the course of action, I am in trouble.


Asked on 8/04/09, 2:19 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you are not a bonded labour of anyone and you can not be stopped from going back home. yes, the courts door are open for people who are suffering at the hands of their employers.

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Answered on 8/04/09, 2:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There may hardly be any remedy in a private employer-employee contract except for damages for breach of contract. You may better consider resigning the job for good.

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Answered on 8/04/09, 8:08 pm


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