Dear Seniors,
I have a query regarding transferring an employee. I am working as an HR in a news channel. I have issued a transfer order to an employee who is currently located in Noida and transferred to Raipur. However, he has not reported to the new office even after giving him 1 month's time. Now, he is threatening to go to the labor court if we do not let him join back in the Noida office.
We have a clause in our appointment letter stating, "During your employment with the company, you may be posted/transferred to any of the Offices/Divisions/Departments/Units of the company or to any other town/city in India without any change in the terms and conditions of the employment, at the sole discretion of the Management."
Please advise on what can be done. The management wants to terminate him but is not ready to pay him the notice period (he is a confirmed employee).
Regards,
Jaya
From India, Delhi
1I have a query regarding transferring an employee. I am working as an HR in a news channel. I have issued a transfer order to an employee who is currently located in Noida and transferred to Raipur. However, he has not reported to the new office even after giving him 1 month's time. Now, he is threatening to go to the labor court if we do not let him join back in the Noida office.
We have a clause in our appointment letter stating, "During your employment with the company, you may be posted/transferred to any of the Offices/Divisions/Departments/Units of the company or to any other town/city in India without any change in the terms and conditions of the employment, at the sole discretion of the Management."
Please advise on what can be done. The management wants to terminate him but is not ready to pay him the notice period (he is a confirmed employee).
Regards,
Jaya
From India, Delhi
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As per the Law, You have to give one month Notice Period or 1 month salary on termination of the confirmed employee. Regards Upasana
From India, Delhi
From India, Delhi
Dear Jaya,
Point 1: Issue the Show Cause letter - why not accept the transfer letter.
Point 2: Receive an explanation letter - if satisfied with the explanation by Management, then make a decision based on your circumstances.
Point 3: If an explanation letter is not provided, then issue another show cause letter - for not obeying the company rules - why not terminate your service.
Point 4: Even if the employee does not respond, issue the termination notice - pay the final settlement only (pay only for working days) - (if he wants full and final settlement required, then ask him to submit a resignation letter and comply with the notice period to receive the full and final amount).
Regards,
sarmakpk1981@gmail.com
From India, Hyderabad
Point 1: Issue the Show Cause letter - why not accept the transfer letter.
Point 2: Receive an explanation letter - if satisfied with the explanation by Management, then make a decision based on your circumstances.
Point 3: If an explanation letter is not provided, then issue another show cause letter - for not obeying the company rules - why not terminate your service.
Point 4: Even if the employee does not respond, issue the termination notice - pay the final settlement only (pay only for working days) - (if he wants full and final settlement required, then ask him to submit a resignation letter and comply with the notice period to receive the full and final amount).
Regards,
sarmakpk1981@gmail.com
From India, Hyderabad
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