Unexpected Job Transfer and Termination: How Should I Handle This Situation?

I've been working with an Indian IT company for the last 8 months and have been a good performer too. Last month, I was the top performer in the NCR zone, and the company offered me a promotion to Team Leader (night shifts). I am not comfortable with night shifts but still accepted it for the promotion. On the day I joined the night shift, I found new IDs and was surprised to find that they transferred me to another company (of the same owner, but not shown legally).

I told the owner that I was not informed of the same and would need time to think it over (a day or two). This angered the owner, and he suggested I talk to HR the next day. The HR head wanted me to resign, which I didn't. Then they told me that they had sent me "Termination letters" through normal post, which haven't reached me in the last 10 days.

I really don't know what to do. How long should I wait for the letter? Please help me out.

Dear Abhi_1487, This employer tried to deceive you. You shouldn't have taken a chance on night shifts at the outset. It's a kind of bamboozle to trick the employees. Though I'm not aware of the exact situation, termination is something that you may understand; they would not like to pay the dues.

Steps to Take After Deceptive Employment Practices

Do not sign any papers at any given point in time. They would not like to deploy you back, so your preeminent option is to resign and make sure you obtain the resignation acceptance. Ensure that you receive the experience letter along with full and final settlement. An exit interview is usual as accustomed. If there is no acquiescence, you may consult a conciliation officer.

Regards

There are defined terms in the appointment letter issued to the employees, which clearly state that the job is transferable from one unit to another, whether in existence or likely to come into existence, from one shift to another, from one department to another without any extra compensation. In this situation, employees are left with no choice except to resume duties at the new location as defined in the transfer letter. The only remedy available to the employee is that the transfer should not be made with some malafide intention. However, proving whether the transfer was done with fair or malafide intention is a herculean task.

I hope this helps clarify the situation for you.

Best regards

First, try to settle with the company. It is good that you didn't receive a termination letter. Send them, or maybe give them a resignation letter asking for F & F, an experience letter, salary certificate, etc. Before that, please clarify with them if they are offering you any notice pay or not. If not, then mention in the resignation letter that you want to serve the notice period (as mentioned in the appointment letter). During this time, if you get any job, you can avoid discontinuation of service.

Thanks & regards,

Sanchita

[Email Removed For Privacy Reasons]

Dear Abhi1487,

Your problem seems to be a bit unique. In this connection, I suggest the following:

1. Please check if there is a clause in the letter of appointment regarding your transferability to other units in the same company. If yes, you have no alternative.

2. Please review your letter of appointment for the provision concerning the process if you or your employer want to leave the service of the company. Check if a notice or notice pay in lieu thereof has been stipulated, and for what period. If not, the situation is different.

3. Normally, the letter of appointment/termination is sent via registered post/courier. In this case, the organization seems to be bluffing.

4. You have the option to submit your resignation via registered post in accordance with point 2 above. Request the acceptance of the resignation, a service certificate, and your Full and Final (F&F) settlement. If you do not receive a service certificate, your letter of appointment and the latest pay slip will be sufficient.

5. Do not rely on this organization and begin searching for a new job elsewhere.

6. If you do not receive your dues, please contact the State Labour Officer of your area for advice.

I hope the above information may be of some use to you.

Regards,
S.K. Johri

Employer's Discretion on Transfers

It is fully at the discretion of your employer to transfer you from one unit or department to another, provided it is as per the terms of your engagement. However, they cannot ask you to work in any of their sister organizations because a full-time employee can work only in one organization.

Termination and Natural Justice

If you are a permanent employee, then they cannot terminate you without holding an inquiry because that will be against the principles of natural justice. If they have done so, then it will be set aside by the court.

Resignation and Alternative Employment

If you are unhappy with this organization and have not yet received the termination letter, which you are apprehending, then submit your resignation by complying with the terms of engagement and try for an alternative job. In case they ask you to continue, please work there until you get an alternative job.

After reading your problem, I think that you should not have reacted after knowing about the new company. Now, as you have done so, you will have to act smartly. You will have to try talking with HR, saying you have no problem working in the night shift, and start working again if they allow. Meanwhile, start hunting for a new job in the daytime.

Regards

As per your appointment letter clause for transfer, you can be transferred after giving a written letter. You should give the resignation from service and not accept the termination letter. First, try to discuss with your management. If they can understand your problem, then they will take the final decision.

I would like to thank all of you for your valuable suggestions. I received the termination letter dated 7/9/2012 (however, it was posted on 14/09/2012, as mentioned on the postage envelope) a couple of days after my initial post here. Meanwhile, I got a new job, where I mentioned the "termination" thing in the interview itself to keep things transparent with the new company.

Documents to Request from Previous Company

Please let me know what documents I can ask from my previous company, such as payslips, release letter, etc.

Legal Actions Against Unjust Termination

Also, as the company terminated me without any inquiry, what legal actions can I take against them?

Thanks.