Anil.arora
Administration & Liaisoning Head
Ankitchaturvedi
Manager - Hr Excellence
Kknair
Hr, Ir, Law, Disc. Matters
+2 Others

I am Currently Working for BOMBAY RAYON FASHION LIMITED and we have been given Circular Notice that the Company will be Shifting from Mumbai to Bangalore - this is the below :

QUOTE"

CIRCULAR.

Forwarding herewith communication from the Management about shifting of Garment Division Operations from Mumbai to Bangalore.

Dear All

In view of the current business scenario, the management deems it necessary to consolidate and restructure the Garment Business in order to effectively utilize all the resources at its disposal and make the organization lean and responsive to the business needs. With this objective in mind the management has decided to relocate all the garment related operations from Mumbai to Bangalore with effect from 1 April 2013.

This step is aimed at better coordination with manufacturing units, improved logistic support, avoidance of duplication of activities and improvement in profitability through conservation of margins. Needless to say that your whole hearted participation in this initiative will pave its success. Management is fully aware that all of you will require sufficient time to get ready to move to Bangalore and manage personal issues emerging out of this relocation. Hence this communication to make you all aware of this impending step initiated by the management.

It will be the prime objective of the management to facilitate this transition with least possible disturbance to all of you and take every care towards proper settlement at Bangalore. However it will not be possible for the management to make any exceptions. Therefore all the departments viz. Marketing, Merchandising, designing and sampling and sourcing will move to Bangalore and commence operations from 1 April 2013

All the concerned employees are requested to convey their consent to the HR department immediately to enable making arrangements. Management would like maximum number employees to participate in this growth initiative and advance their career prospect. However the Management would not be able to accommodate those employees who do not wish to relocate to Bangalore for any reasons.

Please feel free to discuss your issues with respective department heads who will guide you in this regard

Thanks

Uday C. Mogre

Executive Director - Corporate.

UNQUOTE"

Now there are few employees who company are not shifting - so when we asked for the settlement they said u will get your salary ..leave pay + bonus ( if fall under CTC) -

As per our appointment letter it says company can relocate any emplyoee any place and if employee need to quit - they need to provide 1 month notice and if company ask any emplyoee to quit then company will pay 1 month advance salary?

here in the above case - company says that the above letter is an notice letter ( which i fail to understand ) whether it is an invitation letter for bangalore or a notice letter ??

and they will not pay anything extra for the employee who are not shifting to bangalore -

Also if i agree to shift to bangalore - they are not providing and salary hike and no facillity to accomodation.....

I am aseeking a good guidance on how to deal on this scenario?

Please help what should be our steps as we are almost 20 to 25 personal who are left out and few company heads and those are thier favorites are been called to banagalore and given raise + accomodation...

Please help !

From India, Mumbai
Dear Dev,
As per your query i will suggest the following:
The notice states that there is a growth for employees and career enahancement if they relocate themselves to bangalore and also that the Company will help them to relocate.
But for employees who do not wish to relocate, Company will not pay them anything; is some thing strange and contradictory to the clause mentioned in the appointment letter.
According to the process: The Companyn should give you a 1 month notice or if the Company wants you to leave then the Company should pay you 1 month's salary along with your dues applicable.
In this scenario, you can either apporach your HR or your CEO and address your issue in writing as well as in verbal and try to resolve it mutually than dragging to the court or Arbitrator.

From India, Mumbai
Relocation of company and Notice Period clause applicable to employment are two different things that need to understand first.

Before going further, I request you to go through the "Circular Notice" carefully and consider the present situation and the best future expectations of your company /management that they have presented and why?

I, second, Mr Ankit, If company has decided to shift to Bangalore means they are shifting their business which is not an easy decision. They certainly must have seen some growth and future (as stated in Circular) by going this way or maybe they took this step because of some bad conditions (Hidden truth) that may have raised the question of SURVIVAL, henceforth, employee (you) needs to understand the situation too.

Also they (Employer/Company) are asking you to come to the new place where they going to continue their Services/Business but not actually transferring you (any employee), which you were referring by employment/appointment latter that employee deserve some kind of benefits under transfer of employment. To let you know that to shifting of business or continue at other place because of possible aforesaid reasons, comes under the critical circumstance (less possibilities to survive at a place/ "Bad Conditions" or to seek good and better opportunities at other place) where they would have also gone through the "retrenchment procedure" but they didnt and requested employees to support and accept the conditions and shift with them, which I believe is a good thing. They clearly said that they will take of everything in regard of shifting of employees and are with full support which is according to me being a part of a management and an employee is really a good thing of best Management Practices.

It is acceptable that this gonna be a new start to life at some other //new place for you and other employees, and is not too easy but you (Employees) also need to understand if they would have decided to go for "retrenchment procedure", which implies to a loss of job by compensating by Employer according to terms of appointment latter would certainly have not been acceptable by you. Because to loose a job and search for new one is more bad condition or critical than shifting.

Let me ref my request to read "Circular Notice" once again, where company dont want to loose their present employees and wants to continue with them because they are seeking good future at a new place, now will you please let me know would you do deny good career options and growth with new employer if found/offer anytime. I bet you would have accepted immediately and put forward your resignation but in that case YOUR COMPANY HAVE NOT ADOPTED RETRENCHMENT PROCEDURE BUT SEEKING SUPPORT AND PARTICIPATION FROM EMPLOYEES.

Now think about all the conditions/situations and factors that i have presented here, and reconsider your objections/ demands to get good hike in salary and other facilities to relocate (which i wont say are not valid but need to reconsider), and decide what you wanna do or where you wanna go?

From India, Gurgaon
Dear Dev, The circular answers the description of notice. It is clearly mentioned that all are relocated to Bangalore and those who are willing to move would keep their jobs and others won't. It is for all who are not interested to move out of Mumbai to get together and get the best bargain. The company has made its intentions very clear by stating that in this process they aim to be lean and more responsive. Hence all of you should gang up and try to extract the best severance package. Those who are in the'workman' category, should insist on compensating to the extent of at least 'retrenchment compensation' and others must also seek something like 15 days pay for every completed year of service.
KK

From India, Bhopal
Hi,

Presently i am working in a Limited company and my tenure with this company is of approx 7 years. Now suddenly our Top management has conveyed to our Team that to lower down the Head Count they are shifting us to an out sourced company. Our payroll will be with the new company but we will be coming, sitting and doing the job for the old company only that too on the existing packages. They gave verbal assurance that all the policies will remain same. But i have doubts and queries that why they might be doing this? What crux shall we withdraw from this? We have to resign from last month's last working day and will be offered the joining letter w.e.f. 1st of March 2013. Shall we ask/eligible for EL encasement as well. Our notice period was of 2 months. Company is saying that our Gratuity, PF etc will be paid as F&F whereas our reimbursement component facility(car lease, mediclaim, medical insurance floater) will not continue there in new payroll (majorly effective for tax benefit).

kindly help.

Thanks & regards,

A D Bishnoi

From India, Chandigarh
Dear Ankit,
Yes our approach will be in a decent and well cultured manner - as we too want to things to settle in a peaceful manner , but then the management should not take things for granted....as in our case companies is picking employees who are the GM fvrts and giving salary hike and accommodation help + children school admission and when we say we too want to come....there is no response from them..so what should we understand.......all we need is a fair life......i am i am not asking too much.
thanks for your time ! appreciate buddy!

From India, Mumbai
Dear Mr.KKNair,
How could be a circular consider as "NOTICE" please guide me?
here we are ready to come to Bangalore and will do our best to enhance the business as requested by the management , then why management is choosing selected people and why not all..why management is providing salary hike and accommodation help ( like flats in L/L company will pay the deposit amount and monthly rental )
And we ask they keep quite??? why this two way behavior?? what irritates me that management should be fair for all... at least we expect this - if not then what are we suppose to do..sit back and take whatever they claim is right.
I understand its complete management decision that whom to take to banagalore and whom not to...in that case they should have not sent the circular to all...
All we need is a fair judgement.
Hope u understand sir!
Best Regards,
Devendra Mishra

From India, Mumbai
Dear Mishra & Dev, With the unfolding of new facts, the nature of the case is changing. Yes, you are right, there is a discriminatory approach in giving benefits. From the letter it appears that the shift to Bangalore is only a ploy to get rid of the peopole at Mumbai, that explains the motive behind the move. When you are willing for relocating to Banglore there is no reason why the benefits given to one group of employees is denied to others. You have definitely a case in this regard and can approach the labour authorities of unfair labour practice. But I still retain the view that the Circular amounts to Notice as referred earlier.
From India, Bhopal
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