Umakanthan53
Labour Law & Hr Consultant
Prasad2019
Engineer

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I joined an machine tool industry in peenya, bangalore in jan2019. A week back or so MD called into room and starred accusing and abusing on my type of leadership. He used insults and threats. I was disappointed/scared by the abusive behavior which I was subjected multiple time while I was working for the company. As I could not take anymore, I resigned on same day by informing I will be serving the notice period of 3 months. As things progress my manager called and said "I have 2 options either I can get relived on same day or I can come and working in another plant but I will not be assigned any work". The problem is I travel 20-25 km from home to Peenya total of 40-50 km in heavy traffic daily to reach office. Now the new location that they are asking me is around additional 45-50 km from peenya which makes 65-70 km from my home. It would be around 120-140 km travel to me per day. due to my family, I have 2 kids whom I need to take care after office now travelling to that place is not feasible.
I was also threatened with holding of salary payment if I do not serve at new location. I requested to allow me notice period at peenya, however they are citing clause in appointment letter for transfer. I am willing to get relieved immediately if they pay me the 3 months salary which is also a condition on either party chooses to avoid notice period. They are not willing to honor that but want to harrash by transferring to different location.
Can a company transfer after resignation with vindictive and harassment motivation for avoiding to pay the notice period money. Now recently they are accusing me of deleting some files from additional laptop they provided and spreading negative word among other employees in the company. I am suspecting they are using intimidation to get me leave without asking for money. They might get into false accusing of theaft, misbehaviour, sexual harrashment. Due to the aggressive nature of my MD, I feel insecure for my health and life working for him in the new place far away. I think they are willing to go any extent to damage my reputation, blackmail, threaten to accepting and leave without my money.
Is there anything I can do from not transferring me and serve my notice. what right do I have and my options to proceed against this organization.

Probably you must have been employed in managerial capacity. As such all the employment rights and obligations would be strictly as per the terms of the contract of employment. That's why the management is resorting to all sorts of foul play.
Therefore, better try to sort out the issue amicably. Be prepared to pay the notice salary and get yourself relieved forthwith or join in the transferred post and serve the entire notice period..

How come management transfer an employee, who has already resigned? You can lodge an FIR in name of your MD for all sorts of threatening.
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