The company has issued diktat to transfer employees from a Tier B city to their manufacturing plant in Tier D/E city within a week\'s time.An employee has refused to relocate and asked for immediate relieving. Company has ordered to serve notice period from new relocation while employee insists on serving it from current location. What are the options available?
From India, Delhi
From India, Delhi
Dear Friend
If employee refuses to go and report for duty at transferred place and subsequently requested management to relive him immediately on his personal ground, how the management can insist him to serve notice period at the new place.If he has gone and report for duty at new place and work for even for one day or two and tender his resignation thereafter, then he is required to serve notice period at new place of working.
But in the instant case it was not so happened. My advise is allow him to work at existing place or else relieve him from duty by waiving notice period which will be good to avoid legal complications. If management force him to work at new place till completion of notice, it will amounts to unfair labor practices and the same is liable for action under ID Act is such employee makes a complaint to labor dept
Regards
From India, Hyderabad
55If employee refuses to go and report for duty at transferred place and subsequently requested management to relive him immediately on his personal ground, how the management can insist him to serve notice period at the new place.If he has gone and report for duty at new place and work for even for one day or two and tender his resignation thereafter, then he is required to serve notice period at new place of working.
But in the instant case it was not so happened. My advise is allow him to work at existing place or else relieve him from duty by waiving notice period which will be good to avoid legal complications. If management force him to work at new place till completion of notice, it will amounts to unfair labor practices and the same is liable for action under ID Act is such employee makes a complaint to labor dept
Regards
From India, Hyderabad
dear Premlata,
More than the said part of your post, I would like to write on unsaid part of the post.
It appears that management is more interested in driving the person away and through his posting at some other place, they wanted to teach him a lesson.
Most companies insert clause in the appointment letter stating that they are free to transfer employee from one section to another, from one business unit to another and employee will not have any say in these matter. However, this clause reduced its importance because employees started leaving their job. Therefore, transfer of employee became cause of manpower attrition. To contain this double loss, now a days many employers do not force employees to relocate.
Your case appears to be different. They are not much interested in this person. Probably they knew well employee has compelling reasons to stay in that particular city. Therefore, rather than following direct route of taking disciplinary action, they found this as better way of removal.
The employee in question whether he serves notice period at old place or new place does not matter here because management is not interested in this person. They appear to be quite inclement in his case. Therefore, they may take disciplinary action against this employee for failure to obey the rightful orders. Management wants to see transfer order and resignation as two separate issues and do not want to link them together. Employee wants opposite.
Thanks,
Dinesh V Divekar
From India, Bangalore
More than the said part of your post, I would like to write on unsaid part of the post.
It appears that management is more interested in driving the person away and through his posting at some other place, they wanted to teach him a lesson.
Most companies insert clause in the appointment letter stating that they are free to transfer employee from one section to another, from one business unit to another and employee will not have any say in these matter. However, this clause reduced its importance because employees started leaving their job. Therefore, transfer of employee became cause of manpower attrition. To contain this double loss, now a days many employers do not force employees to relocate.
Your case appears to be different. They are not much interested in this person. Probably they knew well employee has compelling reasons to stay in that particular city. Therefore, rather than following direct route of taking disciplinary action, they found this as better way of removal.
The employee in question whether he serves notice period at old place or new place does not matter here because management is not interested in this person. They appear to be quite inclement in his case. Therefore, they may take disciplinary action against this employee for failure to obey the rightful orders. Management wants to see transfer order and resignation as two separate issues and do not want to link them together. Employee wants opposite.
Thanks,
Dinesh V Divekar
From India, Bangalore
The employee has ended the employer -employee relationships by resignation.
Declining to accept transfer is not misconduct.
Employees can't be forced to serve notice period.
Bonded Labor has been abolished.
Apparently he is being subjected to face vindictive and zealous manager's......
The employee can approach employee's/trade unions......
The employee has already resigned with immediate effect.
Since he has been transferred hence relieved from current location nothing is pending at his end at current location.
Since he has not joined at New location hence nothing is pending at new location.
If notice pay in lieu of notice period is stated in appointment letter/contact of employment....If employer initiates separation termination or employee initiates separating by resignation then
Employer can at the most adjustment notice pay....and has to issue and supply acknowledgement of resignation,acceptance,FnF statement,FnF dues,Service Certificate,Relieving letter,Form16,Salary Slips of all month of employment,PF number& A/c slips, ESIC card, NOC/NDC etc on last day in office.....max by usual pay day....
Notice Period/pay is part of service conditions and is stated in hence governed by various enactment applicable to establishment/employer /employee.....e.g. Standing Orders(Certified/Model), Shops and Commercial Establishment Act.....It is NIL during probation period/30days after confirmation.....few days as per length of service period& max.30days...
The rate of notice pay is also defined in the enactments.
No private agreement/rules/policy created by employer and signed with employee e.g. appointment letter/contact of employment/HR policy etc can overrule and supersede an enactment/statue/instrument of law.....
Employer personally is held responsible for faithful observance of the enactments......
Although employer/line management/HR would want that employee is not protected by labor laws the employee should consult an able Labor Law Consultant/Service Matters lawyer with all docs on record......and the lawyer may ask a set of structured questions and may opine that he is covered.
/
From India, Chandigarh
Declining to accept transfer is not misconduct.
Employees can't be forced to serve notice period.
Bonded Labor has been abolished.
Apparently he is being subjected to face vindictive and zealous manager's......
The employee can approach employee's/trade unions......
The employee has already resigned with immediate effect.
Since he has been transferred hence relieved from current location nothing is pending at his end at current location.
Since he has not joined at New location hence nothing is pending at new location.
If notice pay in lieu of notice period is stated in appointment letter/contact of employment....If employer initiates separation termination or employee initiates separating by resignation then
Employer can at the most adjustment notice pay....and has to issue and supply acknowledgement of resignation,acceptance,FnF statement,FnF dues,Service Certificate,Relieving letter,Form16,Salary Slips of all month of employment,PF number& A/c slips, ESIC card, NOC/NDC etc on last day in office.....max by usual pay day....
Notice Period/pay is part of service conditions and is stated in hence governed by various enactment applicable to establishment/employer /employee.....e.g. Standing Orders(Certified/Model), Shops and Commercial Establishment Act.....It is NIL during probation period/30days after confirmation.....few days as per length of service period& max.30days...
The rate of notice pay is also defined in the enactments.
No private agreement/rules/policy created by employer and signed with employee e.g. appointment letter/contact of employment/HR policy etc can overrule and supersede an enactment/statue/instrument of law.....
Employer personally is held responsible for faithful observance of the enactments......
Although employer/line management/HR would want that employee is not protected by labor laws the employee should consult an able Labor Law Consultant/Service Matters lawyer with all docs on record......and the lawyer may ask a set of structured questions and may opine that he is covered.
/
From India, Chandigarh
Dear Premalata,
It appears that your management wants this particular employee to go and hence this relocation. When the employee has tendered his resignation it is better you accept the same and relieve him immediately than getting into legal complications.
Ravi Sampath
From India, Bangalore
It appears that your management wants this particular employee to go and hence this relocation. When the employee has tendered his resignation it is better you accept the same and relieve him immediately than getting into legal complications.
Ravi Sampath
From India, Bangalore
as per your post the management has transferred more than one employees. Apart from this particular employee, what is the status of others? However till some body joins at the new place of posting, all rules and regulations of the current location only should be applicable. Hence the management can not force him to serve the notice period from new location.
From India, Delhi
From India, Delhi
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