Hi, Initially Employer asks me to resign... Denying which, they transferred me to the other corner of the nation.
Since I did not report there, they put me in an absconding case and terminated me.
Will I get my FNF and what can be done in such a case?
From India, Mumbai
Since I did not report there, they put me in an absconding case and terminated me.
Will I get my FNF and what can be done in such a case?
From India, Mumbai
Hi,
First of all please check your appointment order. If the appointment order is having a clause that "employee is liable to be transferred to any of their branches for business requirement" then employer has the right to transfer. Though the hidden reason for transfer is to make you resign employer can justify that the transfer is due to businees requirement.
However employer is required to provide sufficient time for relocation and cannot close immediately. It is not clear whether you had responded to the transfer letter asking time or refusing. In the absence of any proper reply they might had proceeded with termination but they are supposed to follow proper process like providing time to report, warning letter and then termination.
From India, Madras
942First of all please check your appointment order. If the appointment order is having a clause that "employee is liable to be transferred to any of their branches for business requirement" then employer has the right to transfer. Though the hidden reason for transfer is to make you resign employer can justify that the transfer is due to businees requirement.
However employer is required to provide sufficient time for relocation and cannot close immediately. It is not clear whether you had responded to the transfer letter asking time or refusing. In the absence of any proper reply they might had proceeded with termination but they are supposed to follow proper process like providing time to report, warning letter and then termination.
From India, Madras
As you have been terminated from service, you are entitled to terminal benefits as per the rules applicable. Since they have terminated you for absconding, they would charge the notice period salary from you.
You can write to them with reference to the termination order seeking payment of unpaid salary, leave encashment, bonus for last year and proportionate amount for this year, any spl incentive or compensation being payable etc
From India, Mumbai
You can write to them with reference to the termination order seeking payment of unpaid salary, leave encashment, bonus for last year and proportionate amount for this year, any spl incentive or compensation being payable etc
From India, Mumbai
When the employer asked you to resign, you should have started looking for your job and negotiated an exit.
Then when they transferred you, you should have at least responded, asked for time, etc.
Anyway, now there is nothing to be done on that front.
You need to approach the company officially and ask for your full and final settlement.
They will be entitled to deduct notice pay and give you the balance amount.
if you are a 'worker' as defined by Industrial Dispute Act, you can approach the labour officer for redressal, but I am not sure how helpful that would be.
From India, Mumbai
Then when they transferred you, you should have at least responded, asked for time, etc.
Anyway, now there is nothing to be done on that front.
You need to approach the company officially and ask for your full and final settlement.
They will be entitled to deduct notice pay and give you the balance amount.
if you are a 'worker' as defined by Industrial Dispute Act, you can approach the labour officer for redressal, but I am not sure how helpful that would be.
From India, Mumbai
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Legal Clarification on Absconding & Contract Labour.pdf
Absconding letter.doc