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Dinesh DivekarDear 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.
From India, Bangalore
venkat-marshaleThank 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.
bijay_majumdarDear 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.
Ensure: KYCupdated. Nominations Updated,Corrections if any be updated.
From India, Vadodara
AnonymousI 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
venkat-marshaleGood 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??
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
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
rkn61If 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@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