Termination On Denial Of Joining New Project On Very Short Notice Of Just 2 Days To Another City Without Proper Relocation Benifits And Project Details - CiteHR
Kumar227
Technical Consultant
Mudassar04
Manager-hr

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Hello All,

I would like to get suggestion below mentioned issue:-

I was a permanent employee of Delhi based XX PVT LTD company. I had been deputed to client location in Bangalore from around 2 years. My company lost the contract with the client on 31st May 2013 .Which they informed me on 6th May stating that all employee currently working for this client will be getting opportunity to work at the same place but with another vendor of this client as we have lost the contract. Later 0n 21st May, they informed that don't accept another vendor offer as we will put you on different project. Since I was aware and had experienced before as well, my company's illogical and illegal practice, I resigned on 29th May 2013. I kept asking the information of new projects and location but they just informed that by 31st May you will get Tickets and TA/DA to attend the assessment on 3rd June by the company’s senior person in Mumbai as to fit into relevant project. But I neither got tickets nor any other communication till 7th May, on 7th June they accepted my resignation and asked me to report to Chennai by 10th June and agreed to pay for my tickets and 2 days accommodation as to work during notice period . I denied to relocate for new project to Chennai without knowing the project details and proper relocation bonus, also due to my mother sickness (Also mentioned that you are asking me to relocate on 2 days notice which is not practically possible and I will have give penalty to my landlord as I have not informed him 2 months before vacating) about which they strictly said that they will not give even the client name for which you will be working. On 14th June they terminated me stating that as agreed by you to relocate anywhere in India or abroad as per assigned project and you have violated this, considering this a gross misconduct we have issued your termination.

From 1st June to 10th June I was at home as there is no company office in Bangalore where we can report and I have not been asked to relocate to any company's office even after many request to know that where is to report after 31st May( that is the last date at client location )

Now my questions are below for your kind suggestions:-

1> Can a company force to join any project without giving any information of that project?

2> Can a company force to relocate to new city on 2days notice denying any relocation and the amount which I will have to pay to my landlord as penalty?

3> Can someone get relieving without serving notice period if I am on bench?

4 > is my termination legitimate?

5 > they have not credited my May month salary; I had worked till 31st May on client location. In my appointment letter it is mentioned that if you will be terminated, you will neither be getting any dues amount nor experience certificate. Can I question my company to give my salary and experience certificate?

Regards

Kabir

Dear Kabir,
1:- Regarding relocation/transfer conditions are generally mentioned in employees appointment letter. If they have not handled your transfer/relocation as per terms & conditions in appointment letter, then company has done injustice.
2:- Refer my point no 1.
3:- Yes one can get relieving without serving notice period but that is at management's discretion. Also, terms & conditions of employees appointment letter & standing orders of the company.
4:- Refer your appointment letter & standing orders of company. If they have violated it, then your termination is Illegitimate.
5:- To answer this I need intrinsic detail of your profile,companies profile & other relevant details.
Suggestion:- Look for better opportunity & stay positive.

Hi Mudassar04 / All,
Just would like to know if an employee has liberty to chose project or at least have right to ask for the project and profile details where he is being assigned . What if company refuse to give project and profile details ? Can a company terminate if an employee has refused to join that project without knowing the details of it .
Regards
Kabir

Dear Kabir,
As a good practice, company should not keep any employee into uncertainty. Everything should be transparent . Employee has full liberty to know the intrinsic detail about his/her project (Except few very very confidential aspect).
Second, if company has decided to terminate a particular employee, there (HRD/Management) makes a legal ground against the employee. (This practice does not prevail everywhere, only few unethical people does this).
At the end of the day, company doesn't want to be at wrong/illegal part.

Thanks for the reply Mudassar04 . Please let us know how to proceed further as company denies to give dues, relieving letter and experience certificate .
Hello All,
Please give your opinion. You suggestions will be highly welcome and lot thank full .
Regards
Kabir

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