Hi,
I am working as senior manager in cmmi level company, when i joined the company i was taken on main company payroll and my joining letter is also from same. then they had a new venture that they have seconded me on that company work.
All my appraisals and formal company communication are done on parent company letter head.
Now after 4 years i have put down my papers with proper notice period served, company is asking me to take the experience and relieving letters on the new company letter heads. As they said that they have internally transferred me to new company.
Company has done that without informing and taking concent from me.
So, I like to know
1) my legal rights as can a company transfer a employee to any new company without there concent and without taking formal resignation from main company and joining to sub company.
2) can a company deny giving me my experience on the company for which i joined as per my joining letter.
3) what kind of legal action i can take against the company.
regards
From India, Mumbai
I am working as senior manager in cmmi level company, when i joined the company i was taken on main company payroll and my joining letter is also from same. then they had a new venture that they have seconded me on that company work.
All my appraisals and formal company communication are done on parent company letter head.
Now after 4 years i have put down my papers with proper notice period served, company is asking me to take the experience and relieving letters on the new company letter heads. As they said that they have internally transferred me to new company.
Company has done that without informing and taking concent from me.
So, I like to know
1) my legal rights as can a company transfer a employee to any new company without there concent and without taking formal resignation from main company and joining to sub company.
2) can a company deny giving me my experience on the company for which i joined as per my joining letter.
3) what kind of legal action i can take against the company.
regards
From India, Mumbai
Dear Madhulika,
When any company transfer his business or merger in an other group or any over take by venture, than it was also intimate by company their employees through written communication.
Company have no need to take the resignation from any employees. Company can transfer owm business with other group, same should be intimate to all employees with terms and conditions.
Company can announce business transfer in publically. During the announcement employee may obeject .
You can't take any legal step.
Vishwash Thakur
From India, Mumbai
2When any company transfer his business or merger in an other group or any over take by venture, than it was also intimate by company their employees through written communication.
Company have no need to take the resignation from any employees. Company can transfer owm business with other group, same should be intimate to all employees with terms and conditions.
Company can announce business transfer in publically. During the announcement employee may obeject .
You can't take any legal step.
Vishwash Thakur
From India, Mumbai
Thanks Viswash,
but in that case company must have intimated me with the transfer order but in this case it was not communicated and no concent has been taken by employees.
i have been known to this fast just when i am about to leave that i am on other company payroll.
so, is that justified?
From India, Mumbai
but in that case company must have intimated me with the transfer order but in this case it was not communicated and no concent has been taken by employees.
i have been known to this fast just when i am about to leave that i am on other company payroll.
so, is that justified?
From India, Mumbai
Dear Madhulika,
Do you receive a payslip? what is the company name on that? is it the parent company or the new company?
If your payslip is from old company then you can ask for relieving letter and experience letter of parent company.
Best regards,
Meenal
From India, Vashi
Do you receive a payslip? what is the company name on that? is it the parent company or the new company?
If your payslip is from old company then you can ask for relieving letter and experience letter of parent company.
Best regards,
Meenal
From India, Vashi
Hi Madhulika,
There should have been a formal communication given to you by the parent company if not a resignation letter. A transfer letter that i am talking about. If both the companies are a single entity the letter heads cannot be different. The company cannot deny you a relieving letter. As long as your full experience/tenure is stated in the relieving letter there should not be a problem. However, you can fight back stating that why there was no formal communication goven to you about the transfer.
Regards,
From India, Mumbai
There should have been a formal communication given to you by the parent company if not a resignation letter. A transfer letter that i am talking about. If both the companies are a single entity the letter heads cannot be different. The company cannot deny you a relieving letter. As long as your full experience/tenure is stated in the relieving letter there should not be a problem. However, you can fight back stating that why there was no formal communication goven to you about the transfer.
Regards,
From India, Mumbai
yes, i agree with Ms.Meenal. but the mgmt should intimate the transfer to the concerned in writing since if one joined in a joint venture company having brandname over the world but transferred to a small businees firm started by one of the partner, how can continue the service?
regards,
bsk
From India, Coimbatore
regards,
bsk
From India, Coimbatore
Madhulika
1) my legal rights as can a company transfer a employee to any new company without there concent and without taking formal resignation from main company and joining to sub company.
-
Pl see your appointment letter initially if there were clauses refering to transfer. Also the extant rules of the Parent company - whether there is transfer policy.The Company is well within its right to transfer its employees anywhere within the same organization. Pl check if you were on deputation or sent on lien to the new venture/new Co. What were the terms as per Co rules in this regard should have been made clear to u and also consent should have been taken if the new Co was altogether a new Company. and
Depends upon Co's policy
2) can a company deny giving me my experience on the company for which i joined as per my joining letter.
- No they should not deny you and even if they give the experience certificate in the new letter head, they should mention that you had also worked for so many years in the original Company from ___ to ____ as ____
3) what kind of legal action i can take against the company
Do not go into litigation for experience certificate, since you have already worked in the new venture for so many years, it will be presumed that you had accepted all the terms & conditions while being transferred to the new Co.
Rajiv Ranjan
From India, Faridabad
1) my legal rights as can a company transfer a employee to any new company without there concent and without taking formal resignation from main company and joining to sub company.
-
Pl see your appointment letter initially if there were clauses refering to transfer. Also the extant rules of the Parent company - whether there is transfer policy.The Company is well within its right to transfer its employees anywhere within the same organization. Pl check if you were on deputation or sent on lien to the new venture/new Co. What were the terms as per Co rules in this regard should have been made clear to u and also consent should have been taken if the new Co was altogether a new Company. and
Depends upon Co's policy
2) can a company deny giving me my experience on the company for which i joined as per my joining letter.
- No they should not deny you and even if they give the experience certificate in the new letter head, they should mention that you had also worked for so many years in the original Company from ___ to ____ as ____
3) what kind of legal action i can take against the company
Do not go into litigation for experience certificate, since you have already worked in the new venture for so many years, it will be presumed that you had accepted all the terms & conditions while being transferred to the new Co.
Rajiv Ranjan
From India, Faridabad
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