Riteshmaity
Labour Law Advocate
Dmc123
Legal Consultancy
+3 Others

Hi,
I'm facing an issue by one of our employee for sending me labor department letter.
Actually i send him stop field work mail on 27th of apr'16 due to not satisfactory performance but he denied to stop filed work.Again i send him transfer letter and again he did the same and not joined the transferred HQ. Finally i call him to report Head Office but unfortunately he is denying to report HO till date even after so my so many reminder mails. In spite of reporting HO he has send us labor department letter.
please guide us what to do and what to reply labor department in brief.
20th June 2016 From India, Pune
Does stop field work mean his service is terminated? If yes, then termination is bad in law provided that you have not hold domestic enquiry. If his performance is low, then you can terminate him after conducting an enquiry.
If you have asked him to stop work, how can you subsequently transfer him? Or does it mean that you have asked him to stop a particular kind of work and still be in the job?
Is the place of transfer and HO is different? Did you again transfer him to head office?
Your query itself is not clear. Please give details or contact a lawyer with all documents as nature of your communication and its replies along with the complaint letter is important.
20th June 2016 From India, Kolkata
Dear All, This is Gurmeet Singh was working for one shop in chandni chownk since 1976 now they just fired me without any reason and also abuse me please advise what i have to do ???
23rd June 2016 From India, undefined
Gurmeet Singh, Visit the labour officer of the area and speak to him. Give written complaint with full details.
23rd June 2016 From India, Pune
Dear Gurmit, Please send a notice/ legal notice to your employer immediately seeking reinstatement with back wages. If they don’t comply raise a dispute before the labour commissioner.
23rd June 2016 From India, Kolkata
In labour court it will take years to settle things and i dont have single penny with me..in court i also need money to higher a lawyer.....
24th June 2016 From India, undefined
Deepjot,
We appreciate your problem,but there is no other solution other than complaining first to labour officer of the area.
Legal notice will hardly cost you Rs1500 from a lawyer.
Without intervention,your employer is not going to listen.
24th June 2016 From India, Pune
Dear Mr. Amjad,
We need to go through your correspondence in which you have asked him to stop the field work. What other work was assigned to him? If that letter can be interpreted as termination letter by the GLO then it will be a 2A dispute. If his performance is unsatisfactory, then you need to issue him chargesheet and conduct a proper enquiry with supporting evidence. Your appointment letter needs a condition of transfer to some other unit etc. only then the right will be created to transfer him.
24th June 2016 From India, Pune
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