Can designation of a role be different in advertisement than what to be mentioned in appointment letter?
From India, Bengaluru
Dear Unnati,

While filling in the vacancy, what was the designation advertised and what designation now the company would like to give? Is the new designation higher or lower than the earlier one?

Inform the selected candidate about the change of designation. Take the employee into confidence on why the change was necessitated. It should not be a discovery on getting the appointment letter. Otherwise, it could give a shocker to the newly-joined employee.

The change in designation reveals the company's infirmity in making decisions. This fickle-mindedness erodes the company's trust in the eyes of the employees.

If the new designation is higher than the earlier declared, then the employee may not object to the change. However, if it is lower, then he could grumble because he could feel that he has been let down. In case your company commits to the employee the restoration of the designation, then please write clearly in the appointment letter.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Dinesh ji,

Thanks for your swift response. It is not about higher or lower designation. But altogether a different name. In the advertisement, the employer has posted as "Spoken English Trainer" Required without explicit job description.

Then employer gave offer letter on a plain paper mentioning the designation as "Changemaker" again without any explicit job description but just mentioning about salary and amount to be received as incentive against achievement of the target number of students to be trained.

Then after induction program with great follow-up, employee could get Appointment Letter in which job description is so detailed and it is more than what had been proposed at the time of advertisement and during interview and also during induction.

Also in Appointment Letter working hours mentioned as 6 hours on working day by taking 2*3hrs training sessions and in reality, Changemaker has to identify colleges, convince Principal to conduct training, enter data of student participants if Principal approves to conduct training and then conduct training...This is basically combination of 3 roles (mobiliser, data entry operator and trainer)

Now please clarify whether it is legally acceptable or not. Thank you in advance.

From India, Bengaluru
Dear Unnati,

Are you writing in the capacity of the HR professional from the company or you are the candidate? Or are you a third person who has written the post on behalf of someone?

As I mentioned earlier, the company is changing their position frequently. However, everything depends on the newly joined employee. If it is acceptable to him/her, then well and good. Otherwise, he/she can very well decline to work further.

As far as labour laws are concerned, the matter is out of the purview of them. If the employee has acknowledged the receipt of the appointment letter, then the terms and conditions of the employment, which includes designation as well, are binding on him/her.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Dinesh ji,

I am third party and asking on behalf of a victimized employee. You have expressed. your sincere advice. I have also understood what to do and how to do and when to do! Will share that experience too

Whatever happened is a case study of an exploitation just by exploiting how badly a new joiner needs employment!

Once again thanking you for your neutral and balanced advice.

From India, Bengaluru
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