Hello sir. My wife is working in XXX logistics limited which is a transport company. Said company is having many branches all over India. My wife is deployed at bicholim Goa. She is working in the said company for the last 10 years. She is a mother of two surviving children aged 5 years and 8 months respectively. Myself working in Goa Police department for the last 12 years and we are from Goa.

I state that on 18.9.2020 My wife informed me that her boss had sent her an email stating to join at their corporate office at Delhi latest by 21.9.2020. upon detail enquiry with my wife she disclosed that from the last some months her boss is harassing her over each and every issue and his intention is to remove her from the job. She also disclosed that the transfer email which she received on 18.9.2020 is just a reason indirectly forcing her to leave the job.

Due to the above situation...I hereby request before your good self to kindly clarify some queries so that I can proceed legally against her boss.

1. Can her boss transfer her suddenly without prior intimation and that to all the way from Goa to Delhi without giving any time limit? If no than plz mention section of law and act.

2. If my wife wants to quit what are financial dues/benefits she should get immediately from her boss and under which provisions/acts?

3. Can her boss directly fire her from the job without any prior intimation?

4. Our second child is only 8 months old and my wife had availed 6 months' maternity leave recently. Are there any additional benefits available to such mothers on the job? If yes plz mention sections of acts.

5. My wife had already completed more than 10 years of service in the said company so what is the amount of gratuity she is entitled if she wants to quit and how it is calculated under which section?

6. For what reasons we can sue her boss in the labour court?

7. In spite of several requests by my wife to her boss regarding corrections in her PF details. Her request is not been adhered till date due to which she cannot apply for the withdrawal of PF online. Any solution for this?

8. Can we drag him to human rights court or a consumer forum? If yes for what reasons and under which sections of law?

I finally request you to plz clarify my above-stated doubts so that I can proceed further.

Waiting for your reply.

From India

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Dear Venkat,

After going through your post, it needs to be clarified that the transfer of an†employee from one location to another is within the rights of the company. Therefore, the decision of the company is unchallengeable in the labour court. Consumer court does not handle the labour cases.

Solution: - You have written that the "boss" sent the mail for the transfer from Goa to Delhi. However, who exactly the "boss"? Is he a paid employee or the MD of the company?

Whether a paid employee or the MD of the company, I recommend your wife submitting the application to the MD to cancel the decision transfer on compassionate grounds. In the application, she can write that you have 8-month old child and travelling with an infant is not advisable. Secondly, the settlement in the new city is not easy.†

Let us wait for the outcome of the decision of the MD. In the letter, also include the last line as "pending decision from the MD's office, the transfer order may be held in abeyance.

You have given your side of the views, however, to understand the complete picture we need to understand from the other side as well. That is not possible at this stage.

In the meanwhile, let your wife explore the possibility of having peace with the Manager. Your wife has served for 10 years. Transfers are also ploys used by the companies so that employees submit their resignation. Though a long-serving employee, why the tactic of transfer is used to get rid of her? There must be a few shortcomings your wife may not be aware. She must learn new skills or find out new ways of working so as to continue in her present job.

Thanks,

Dinesh Divekar

From India, Bangalore
Thank you for your suggestions... however I would like to inform that on the same day i.e. on 18.9.2020 my wife had sent the reply to the transfer email stating the same reasons which you had suggested in your answer, however today she received another email directing her to join at corporate office Delhi latest by 12.10.2020 and this time they clearly mentioned that no physical excuses will be entertained and if she fails then strict action will be initiated against her. This clearly shows the companies intention to remove her from the job.
I would like to state that the person who had sent the transfer mail is the MD of the company.
Considering all the above situation my wife had allmost decided to quit as she cannot bare it anymore. I therefore kindly request you to plz answer my other remaining questions i.e. financial compansations and other legal actions against him.

Thank you waiting for your kind reply.

From India
Dear Mr. Venkat,

The intention of the MD of this company seems to be very clear by the mail he sent.

I have few points to be said

1) What are the terms of services mentioned in the appointment letter?

2) Is the the job was accepted with condition to be transferred or relocation at different work sites.

based on above facts some legal action could have been possible. Recently its been enacted that there must be grievance redressal committee in companies. Check if it exists in comapany,

3)There are unions where such issues can be taken up with good union leaders.

However the best way is to quit if the company is of ill repute and need to have peace of mind.

These days such stunts are exercised by many unerupted companies.

the entitlement of compensation and benefits are>

1)EPF 2)Gratuity 3)Leave Encashment if any. 4) Bonus.

For epf:

Ensure: KYCupdated. Nominations Updated,Corrections if any be updated.

From India, Vadodara
Anonymous
1

I have a doubt regarding entitlement of compensation and benefits as said by Mr Bijay. Is Gratuity and bonus applicable if employees are less than 10?
From India, Bengaluru
Good evening sir....with refarance to the above reply I would like state that there is no any grevience redressal mechanism in the above stated company....now it is almost decided to quit from the job....plz clear me what is the amount of gratuity company will pay and what is the method to calculate....secondly now my will will submit advance resignation letter to the company.....so plz tell me whether she can mention to clear all her dues within one month from the date of submission of resignation letter??
From India
Mr.Venkat,
We dont know what the services apointment or offer letter says on terms of services.
Is there any mentione of serving notice period.
Is there any mention in respect of wages and compensation.
Suggest kindly go through the same before putting resignation papers.

From India, Vadodara
Aks17
115

Hi
Irrespective of the issues involved unless it falls under exception to the general rule, gratuity is payable for the period if it is more than 5 years of service in the company. It is calculated @ 15 days of Basic[+DA]/26 x number of years in service. Any period over and above 6 months will be taken as 1 year for the calculations under Payment of Gratuity Act.
As per the other points you may have to give clarifications as sought by the learned members to give a clear picture.
Thanks and Regards

From India, Hyderabad
rkn61
463

If you refer to any employment contract or Offer of Appointment, there shall be a clause on 'Transferability of services' and Employer has every right to transfer services of any employee under his control, to any work location of the company. Hence it is of no use to refuse such order as this shall lead to blatant refusal of a lawful and reasonable order of Employer, thus insubordination. Hence it is suggested to meet MD of company, personally and apprise him of the current situation of the employee

Now coming to terminal benefits, Gratuity is applicable, as your wife has already spent more than 10 years of service. Even in case of termination of services also, Employer is liable to pay Gratuity - unless the cause of termination is 'moral turpitude'.

Bonus payment, Leave encashment dues are the other terminal benefits of the employee.

As regards rectification of error in PF records, now-a-days it is easy and EPFO is very helpful.

You can approach directly to the IT department of EPFO and arrange to do the needful.

Please carry your Aadhar card, if it is a name correction. Else, please initiate such requests through your employer, before she is relieved from the employment.

From India, Aizawl
Anonymous
1

@Rkn61 Sir, is gratuity and earned leaves and bonus entitled to employess where total emplyess are less than 10? (given that employee worked for 5.5 years)
From India, Bengaluru

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