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Can a company change the job description and force an employee to do something, not in the job description?
Question
I have been working as a teaching faculty at Techno India University, West Bengal (a private university) for more than 21 months. Although I am an assistant professor by designation, classes have never been assigned to me. I have not done any works a teaching faculty usually would do like preparing course materials, training materials. There are many staffs like me whose designation is Assistant Professor but posted to various non-academic departments such as admission cell, exam cell, Pro-VC’s office, even in the call centre.
I am planning to leave this horrible place. I want to know whether a company can do this. The primary job of an assistant professor is teaching. Instead, the company is forcing an assistant professor to do non-academic clerical jobs. Can any legal action be taken against the company for this? Thank you.
Here is the designation, role & responsibilities mentioned in the appointment letter.
1. Position
Assistant Professor, Department of Physics.
2. Posting
You will be initially posted at Techno India University, West Bengal (TIU, WB). However your posting is transferable to any place in India or abroad at the discretion of the management. On such transfer, you will be governed by the appropriate rule of the organization.
3. Joining & Reporting
You are advised to join on 12 th February, 2019. You will report to the Pro-VC of the University (TIU), or any other supervisor which will be communicated to you subsequently.
4. Role & Responsibilities
You will work as faculty member in the institute as per directives of the Competent Authority. In addition/substitution to this, the authority may give you the other assignments such as (but not limited to) developing course materials, training materials, R&D, consultancy etc.
5. Tenure
You will be under a contractual appointment for a period of Thirty Six (36) Months, which may be renewed annually based on your performance.
6. Separation
If required, your services are terminable by either party giving one month notice to the other or salary in lieu of notice. Either party need not assign any reasons for such termination. However in case of breach of the disciplinary rules of the organization or misconduct or breaking the confidentiality of the organization, your services are terminable with immediate effect in addition to further legal actions if deemed to be suitable. In such event, it would not be necessary for the organization to give you either any notice or salary in lieu of notice whatsoever.
Answer ( 1 )
A complaint against them can be made to the UGC if they are getting grants however they have termed your role in widest manner but that also doesnt include non-academic work of clerical nature. Further, you can make a representation if they have not given you any teaching work for which you have been employed and ask them to put you out of the non-academic clerical work given to you as that is not the part of the job description.