Umakanthan53
Labour Law & Hr Consultant
SARAIRAOM
Pvt Company

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Hi, I am working in a Mumbai head quartered company from last 13 years. I am working from home from last 4 years. From last year company don't have office over here. It's a public relation company. Suddenly on jan 25th they asked me to join in Mumbai office . I clearly mentioned in mail that my kids are in academic .. I can join there on may...now they are saying i failed to join Mumbai in the given time of feb 3rd... So they will treat me as LWF.. And they will remove me from company roll. I did not get January salary still. Even they can not assure me when can i expect my jan & feb salary and my gratuity. I said them i will go for legal action.
Kindly suggest..

From India, Bengaluru
Dear friend,
What's discernible from your narrative is that you're permitted to work from home for the last 4 years despite the fact that the company has no office at Bangalore since last year and this is the reason for your transfer to Mumbai which seems reasonable.
Transfer is an incidence of service and the employer has the managerial prerogative to transfer his employee as and when required based on work exigencies. The personal hardships likely to be caused to the employee cannot be a determinant to cast malafides on the transfer. Though you are willing to abide by the transfer orders, seeking 4 months time seems unreasonable.
At the same time, the management's action of withholding your salary for January is not correct. The threat of termination may be a formal one just to induce your early joining.
Better try to have further discussion with your HR and try to sort out amicably in stead of legal action.

From India, Salem
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