We had issued a transfer letter one of our employee (Transfer from Maharashtra to Haryana). The employee is gaonwala & land affected ( due to our project). Our co done already done the favour to him by deploying their bus for carrying employee, one scorpio for other work. But they are not satisfied. We also restrict his entry in the plant. But still he is coming on duty. Management called him & told him though you work here you will not get any salary of that period. You have to report to Haryana as per transfer letter.
sir, please guide me legally in this regard.
Thanks & Regards,
MA SHAIKH
From India, Mumbai
sir, please guide me legally in this regard.
Thanks & Regards,
MA SHAIKH
From India, Mumbai
Mr. Shaikh,
By telling him by words will not effect him. You can issue him a memo that if he is not reporting to Haryana Office within stated period you will be terminating him as he is not following the rules of the company. Moreover keep his salary on hold unless he reports to Haryana's office. Dont allow him to sign muster for attendance or the punching card if you have provided him. If he is having punching card then deactivate his card.
From India, Mumbai
7By telling him by words will not effect him. You can issue him a memo that if he is not reporting to Haryana Office within stated period you will be terminating him as he is not following the rules of the company. Moreover keep his salary on hold unless he reports to Haryana's office. Dont allow him to sign muster for attendance or the punching card if you have provided him. If he is having punching card then deactivate his card.
From India, Mumbai
Dear Friend
From your statement it appears that this fellow was displaced person due to construction of your project by acquiring their village lands. Generally, we have to deal with this type locals with cautiously. As you already done a favor to him by engaging his bus to transport employees and Scorpio for other company purpose, you can call him and give him counseling with regard to the favor done to him by company. Why management wants him to transfer to Haryana from Maharastra. Did he indulges any act which is inconsistent with your company policy or his performance is found unsatisfactory?
Though there will be a general clause with regard to transfer of employee in appointment order, there shall be a justification for making such transfer from one place to another. Frankly speaking, it is not advisable to transfer unskilled and clerical cadre employees from one place to another particularly to such a distant places as like yours, without having sufficient ground. The courts may think, that the services of these category employees could also be available at transferred place and as such some times, they may feel that employer had transferred this category of employees to such distant places as part of victimization, thereby compelling them to leave the services of company by tendering resignation etc
Further, to have strained relations with local person like your transferred employee, always a head ache and he may create problem by inciting their village workmen to quarrel with company management for one or the other petty reason or grounds if you terminate his services etc. If management prepares to face consequences from any act of this employee, then as advised by our learned friend, you do not allow him to sign in the register and give him charge sheet for not reporting for duty at his place of transfer
Regards
From India, Hyderabad
From your statement it appears that this fellow was displaced person due to construction of your project by acquiring their village lands. Generally, we have to deal with this type locals with cautiously. As you already done a favor to him by engaging his bus to transport employees and Scorpio for other company purpose, you can call him and give him counseling with regard to the favor done to him by company. Why management wants him to transfer to Haryana from Maharastra. Did he indulges any act which is inconsistent with your company policy or his performance is found unsatisfactory?
Though there will be a general clause with regard to transfer of employee in appointment order, there shall be a justification for making such transfer from one place to another. Frankly speaking, it is not advisable to transfer unskilled and clerical cadre employees from one place to another particularly to such a distant places as like yours, without having sufficient ground. The courts may think, that the services of these category employees could also be available at transferred place and as such some times, they may feel that employer had transferred this category of employees to such distant places as part of victimization, thereby compelling them to leave the services of company by tendering resignation etc
Further, to have strained relations with local person like your transferred employee, always a head ache and he may create problem by inciting their village workmen to quarrel with company management for one or the other petty reason or grounds if you terminate his services etc. If management prepares to face consequences from any act of this employee, then as advised by our learned friend, you do not allow him to sign in the register and give him charge sheet for not reporting for duty at his place of transfer
Regards
From India, Hyderabad
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