Concerns Regarding Salary and Transfer
A few months ago, I posted my concerns regarding the payment of salary, expenses, and other emoluments until the inquiry. I have been working as a Medical Representative in a reputable pharmaceutical company based in Gujarat but operating in U.P. for the past 20 years. The company has been causing financial difficulties for me over the last few years through increments, salary deductions, and expense deductions. I had to resort to legal action. Recently, they transferred me to Chennai from U.P. in December 2014. I view this transfer as malicious since they did not respond to the Labour court and ultimately used transfer as a final measure.
Upon receiving the transfer letter, I requested advance payment, details of transfer rules and facilities applicable to my position, and the legal framework ensuring that my terms of service remain unchanged during the ongoing proceedings. Their response was that as I am not considered a WORKMAN, those regulations do not apply to me. Additionally, I asked for a copy of the company's STANDING ORDER, but they insist that my appointment letter clearly states my potential transfer to any location in India.
I underwent a Domestic Enquiry about a month ago and I am still awaiting the final report. My concern now is how I will receive my salary and other expenses due since December 2014. Their responses to my inquiries have been stating “NO WORK, NO PAY,” and they are disregarding all my work reports post-transfer as illegal. I have taken the matter to the Labour tribunal, but the duration of the process is uncertain. The company continues to claim that my transfer was necessitated by business exigency.
I seek guidance on how to address this legally, especially since the company lacks any Standing Order, and multiple cases are pending in the Labour Court.
Kindly provide advice on navigating this challenging situation. Thank you for your assistance.
Sincerely,
Regards
From India, Kanpur
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1A few months ago, I posted my concerns regarding the payment of salary, expenses, and other emoluments until the inquiry. I have been working as a Medical Representative in a reputable pharmaceutical company based in Gujarat but operating in U.P. for the past 20 years. The company has been causing financial difficulties for me over the last few years through increments, salary deductions, and expense deductions. I had to resort to legal action. Recently, they transferred me to Chennai from U.P. in December 2014. I view this transfer as malicious since they did not respond to the Labour court and ultimately used transfer as a final measure.
Upon receiving the transfer letter, I requested advance payment, details of transfer rules and facilities applicable to my position, and the legal framework ensuring that my terms of service remain unchanged during the ongoing proceedings. Their response was that as I am not considered a WORKMAN, those regulations do not apply to me. Additionally, I asked for a copy of the company's STANDING ORDER, but they insist that my appointment letter clearly states my potential transfer to any location in India.
I underwent a Domestic Enquiry about a month ago and I am still awaiting the final report. My concern now is how I will receive my salary and other expenses due since December 2014. Their responses to my inquiries have been stating “NO WORK, NO PAY,” and they are disregarding all my work reports post-transfer as illegal. I have taken the matter to the Labour tribunal, but the duration of the process is uncertain. The company continues to claim that my transfer was necessitated by business exigency.
I seek guidance on how to address this legally, especially since the company lacks any Standing Order, and multiple cases are pending in the Labour Court.
Kindly provide advice on navigating this challenging situation. Thank you for your assistance.
Sincerely,
Regards
From India, Kanpur
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Dear member,
The company can transfer any employee to anywhere, as this is the right of the company. However, if this transfer is made with malicious intent or is intended to harass the employee, then it is not valid. If you have strong evidence against the company indicating that this transfer is malicious, you have the option to pursue the case in labor court. Otherwise, it would be a waste of time.
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The company can transfer any employee to anywhere, as this is the right of the company. However, if this transfer is made with malicious intent or is intended to harass the employee, then it is not valid. If you have strong evidence against the company indicating that this transfer is malicious, you have the option to pursue the case in labor court. Otherwise, it would be a waste of time.
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