Business Mentor, Consultant And Trainer
Recruitment/talent Acquisition, Career Counselling
Your posts shows HR Director's pusillanimity and lankiness beyond doubt. I am taking what you have written at its face value and making this comment.
Your company cannot ask for payment of 90 days notice pay after termination. Rather they should pay you for the notice period. If you were terminated then did they conduct domestic enquiry? If not, then your termination is illegal
Why HR Director is silent? Why is he watching the whole scene as nonchalant onlooker? Why is he not stepping in and restoring the rule of law?
Who issued the termination order? Is it from HR or from Operations? If from HR, then why did he not intervene that time? Why he allowed you to be terminated?
I recommend you approaching Labour Officer of your area and explain your case. If he does not intervene then you may approach some lawyer and send a notice challenging the termination. If your company refuses to reinstate you then obviously you have to file a suit against the company. I doubt whether your case will stand scrutiny of the law.
Caveat: - By the way, company is free to post any employee where it wishes to. Employee does not have any choice. Generally clause to this effect is inserted in the Appointment Letter. Check your appointment letter. However, in your case the termination has happened without domestic enquiry. Hence it can be challenged.
Other senior members may give their valuable comments.
Dinesh V Divekar
21st August 2014 From India, Bangalore
Yes, the company can transfer you to any place where the company has its clients or office, but if the employee has a genuine problem, they could have handled this in a much better way.
Why is the company HR silent in this whole matter is really surprising, as he is just trying to shake off his responsibilities.
If the company has terminated you without conducting any inquiry or reply from your side, then they are wrong.
23rd August 2014 From India, Mumbai