A senior employee of the level of CFO was forcibly trasnferred to a branch where there is no need for such a position. The person has worked for five years and regularly got good increments and variable pay and his performance was very good. However for political reasons and personal rivalry such a situation was created and the CFO had to resign feeling humiliated. All other senior managers keep quiet for fear of loosing their jobs. Can the CFO claim extra compensation over and above the statutory dues from the company for this ill treatment which has affected his professional life as he is still young with about twenty years of active professional life?
From India, Madras
From India, Madras
Well legally, the employee can sue the company, file the case of defamation and calculate the loss, because of impact of this forced resignation on his professional, as well as personnel life. But this has to be done only with the help of jurisdiction, and will need evidences of his performances, as well as the political mess ups.
From India, Delhi
From India, Delhi
Company is bound to pay all statutory dues.
But you can not approach a court just because company transferred you and you refused to go there and resigned. Such resignation cannot be considered as forced resignation.
regards,
Kamal
From India, Pune
173But you can not approach a court just because company transferred you and you refused to go there and resigned. Such resignation cannot be considered as forced resignation.
regards,
Kamal
From India, Pune
In court, it can be proven. forced resignation can be proven, given that there are evidences of humiliation. Its a simple case of self defence.
From India, Delhi
From India, Delhi
If compensation is required for defamation and humiliation, then district courts. Labour courts would be for dues which the company is bound to pay as per the policy. This case is different.
From India, Delhi
From India, Delhi
Dear All
If the terms of employment or the appointment order of the CFO provides for a clause for his liability to be transferred to any other Units/Branches/Offices etc., of the Company, the CFO cannot complain. The clause in the appointment order, gives the power to the company to transfer and the employee to accept the transfer and work at the place to which he was transferred. Even in the case of workmen as defined under the Industrial Disputes Act, Courts have accepted the power of the employer to transfer the worker provided either the standing orders or the appointment order contains a clause to that effect. If the CFO after resigning pleads that the resignation was forced, he has to prove it in a Court of competent jurisdiction with evidence. Even in the case of industrial workers, if the worker alleges mala fide motives on the part of the management for transferring him from one location to another, the worker has to prove through evidence that the management was actuated by mala fide motives in transferring him. It is not for the employer to establish that the transfer was bona fide. In the case of the CFO, based on the designation indicated in the post, I assume that he is not a worker as defined under the Industrial Disputes Act. Therefore he cannot have remedy from any of the labour laws. He has to seek remedy through a Civil Court having jurisdiction in the issue.
With regards
From India, Madras
If the terms of employment or the appointment order of the CFO provides for a clause for his liability to be transferred to any other Units/Branches/Offices etc., of the Company, the CFO cannot complain. The clause in the appointment order, gives the power to the company to transfer and the employee to accept the transfer and work at the place to which he was transferred. Even in the case of workmen as defined under the Industrial Disputes Act, Courts have accepted the power of the employer to transfer the worker provided either the standing orders or the appointment order contains a clause to that effect. If the CFO after resigning pleads that the resignation was forced, he has to prove it in a Court of competent jurisdiction with evidence. Even in the case of industrial workers, if the worker alleges mala fide motives on the part of the management for transferring him from one location to another, the worker has to prove through evidence that the management was actuated by mala fide motives in transferring him. It is not for the employer to establish that the transfer was bona fide. In the case of the CFO, based on the designation indicated in the post, I assume that he is not a worker as defined under the Industrial Disputes Act. Therefore he cannot have remedy from any of the labour laws. He has to seek remedy through a Civil Court having jurisdiction in the issue.
With regards
From India, Madras
Dear Mr V.Harikrishnan,
Thanks for your input. If I am not wrong, some years back there was a judgment of the Supreme court in which it was clearly stated that even if the transfer clause is not there in the employment contract/appointment letter, the employer has full authority to transfer any of its employees as per the service requirement.
regards,
Kamal
From India, Pune
Thanks for your input. If I am not wrong, some years back there was a judgment of the Supreme court in which it was clearly stated that even if the transfer clause is not there in the employment contract/appointment letter, the employer has full authority to transfer any of its employees as per the service requirement.
regards,
Kamal
From India, Pune
Dear SIr, WHat evere is quoted may be in true sense but law demands evidence. If it is there it is advisabel to g in court of law. Otherwise it will better to keep quite. R D Watve
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls
THE EMPLOYEE COMPENSATION ACT.docx