Few months back I had posted my matter regarding payment of salary expenses and other emoluments till enquiry as I am working in a pharmaceutical company of repute of Gujarat based in U.P. working as medical Representative for the last 20 years. The company has been harassing me financially for the last few years in the name of increament, salary deduction, expenses deduction to which I have to seek legal recource and now they have transferred me to Chennai from U.P. in Dec.'14. I have claimed the above transfer as malafide as they failed to reply in Labour court and finally they resorted to the last weapon i.e. transfer. On receiving the transfer letter I requested to send advance money and transfer rules/faciulities applicable to my cadre along with the legal framework that conditions of service to remain ubchanged during pendency of proceedings to which they replied that I am not a WORKMAN hence the same is not applicable to me. Secondly I have asked for STANDING ORDER of the company to which they are claiming that it is clearly mentioned in my appointment letter that I can be transferred to any location in India. I have also faced Domestic Enquiry about a month back but still waiting for final report. My query is how will I get salary and other expenses payable to me since Dec.'14 as they are replying to my letters as NO WORK NO PAY and all my work reports as illegal after my transfer. I have given the case in Labour tribunal but how much time will it take is not certain. Company is still claiming that due to buisness exigency I have been transferred.Please provide guidelines as to how to face it legally as the company is not having any Standing Order and the cases are pending in LC.
From India, Kanpur
company can transfer any employee to any where, as this is the right os company, but if this transfer is by doing malafide intention or harrassing the employee then this is not valid, if you have strong evidence against the company that this transfer is malafide then you can continue the case in labour court otherwise it is time wasting.