Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Bhartiya Akhil
Freelancer
KK!HR
Management Consultancy

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Anonymous
Hello sir I work in a private company for 24 years and I am a permanent employee therein but on 7/7/2020 I was called by the head authorities and was verbally asked to go to another state production plant which I verbally rejected therein but I was given time till 15/7/2020 so on 14/7/2020 I was called by the general manager to state my acceptance or ignorance on transfer offer where I verbally rejected the offer. But on 17/7/2020 I was handed over a termination letter on the grounds that I have not yet replied to the transfer offer given to me.

So before leaving I wrote a letter to the authorities to please look towards the termination letter as it may be a communication error between us but they refused to look towards the issue. Later on 18/07/2020 I had sent them a legal notice for their way of conduct which they replied on 30/7/2020 and disagreed to every obligation and rejected my request on keeping me back on the job in this situation of a pandemic. Also on my appointment letter given to me in 1996 there isn't any clause of transferable job written anywhere.

From India, Mumbai
It is a universally accepted principle in the realm of employment that transfer is an incidence of service and the employer has the prerogative to decide who among his employees to work where and how long in the interest of the organization without adversely affecting the terms and conditions of the existing contract of employment. The Indian Judiciary have held time and again that the personal inconvenience,if any, caused to an employee in this regard cannot be a valid reason against his transfer. At the same time, an order of transfer can be questioned if it is in contravention of service regulations or as a measure of victimization. Hence the refusal to obey the lawful orders of transfer by an employee can be treated as a misconduct of insubordination and as such can very well be a subject-matter of a formal disciplinary proceedings as a result of which even the services of the employee can be terminated. This is the legal position.

Strict adherence to the Principle of Natural Justice is the under-current of any disciplinary proceedings and any departure, deviation or failure in this regard can nullify the entire action of the employer. But unfortunately, like many other querists, the questioner has omitted to mention his employment capacity. However, if the summary termination is for the act of non-reply, it cannot stand judicial scrutiny.

From India, Salem
It seems to me from the post of queriest that he falls under 'workmen' category. It is my guessing. Otherwise he would have stated that he was a manager or a supervisor. He stated that he was a permanent employee.
Queriest is requested to make personal and humble request to the higher authority of the company to take back the termination convincing the reason for not accepting the transfer. I fully agree with Umakanthan Sir what he stated that the personal inconvenience,if any, caused to an employee in this regard cannot be a valid reason against his transfer. But still he can try his luck. If he accept the transfer, probably the termination will be set aside.
Queriest has to initiate legal proceedings against the employer for terminating his services without following due process of Law.
This termination is during the lock-down is in operation. Lock-down is not completely lifted in our country. Under the circumstances the queriest can approach against his termination to:
1. Nodal officer at the level of the Ministry to deal with “Employee Grievances with respect to COVID-19, GOI at and
2. Concern Labour Commissioner.
Queriest is advised to engaged a good advocate. It seems to me the queriest is from Mumbai. If so I can help him out. He can have email communication with me.

From India, Mumbai
The termination of your service has been hasty to say the least. The stated reason i.e., not replying to the transfer offer cannot be viewed to be a misconduct and it is grossly disproportionate. In this background termination of a permanent employee with 24 years of previous service is unfair and improper.
So to start with you raise a dispute in case you are a workman otherwise also you can challenge action and seek compensation.

From India, Mumbai
Dear colleague,
It is not known whether you fall under 'Workman' category which entitles you for benefits of labour laws.
Assuming you are a workman, legal position on your termination is very well brought out by Shri Umakanthan. Just as the employer has inherent right to transfer any employee at any location for bonafide reasons, it is also incumbent on his part to follow proper disciplinary procedure prior to termination.
In your case it was wrong on your part to outright refuse the transfer without giving valid reasons in writing.
Similarly employer's action of terminating an employee after his twenty four years' of permanent service in voilation of legal procedure is on the face of it appears illegal.
You may raise a dispute after consulting competent labour lawyer.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Anonymous
I am overwhelmed by your response member's.
While handing over the termination letter I was given a months lieu notice salary and that too they credited in my account and also stated that they would settle my gratuity amount.
But after listening to you all I consulted a labour advocate and she suggested me to file a case as the employer has directly terminated me with vague reasons and also during her conversation with the employer on email she asked her to take me back on job as it is difficult to find a job in this period of covid -19 which they directly rejected stating the company is in loss and their process of termination is as per the rules and regulations.

From India, Mumbai
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