TERMINATION WITHOUT NOTICE - Night Shift

Hi, I\'ve been working with an Indian IT company for last 8 months and had been a good performer too. Last month I was the top performer in ncr zone and company offered me promotion to Team Leader (night shifts). I am not comfortable with night shifts, still accepted it for 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 he same owner, but not shown legally).
I atold the owner that I was not informed of the same, and would need time to think over (a day or two). This angered the owner and he suggested me to talk to HR next day. HR head wanted me to resign, which I didn\'t. Then they told me that they have sent me \"Termination letters\" through normal post, which haven\'t reached me since 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 an outset. Its a kind of bamboozle to trick the employees. Though I'm not aware of the exact situation, but termination is something that you may understand, they would not like to pay the dues.
Do not sign on any papers at any given point of time. They would not like to deploy you back, so your preeminent option is to resign and make sure you take the resignation acceptance. Make certain that you get the experience letter along with full & final settlement and exit interview is the usual as accustomed. If no acquiescence, you may consult a conciliation officer.

Dear Abhi_1487
There is a defined terms in the appointment letter issued to the employees which clearly states that the job is transferable from one unit to another whether in existence or likely to came in 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 transfer letter. Only remedy available to the employee is the transfer should not be with some malafide intention. But again to prove that the transfer was done with a fair or malafide intention is a herculean task

Dear,
First try to settle with Company. It is good that you didn't get termination letter. Send them/ or may be give them resignation letter and asking them for F & F, experience letter, Salry certificate etc. Before that please clary with them they are offering you any notice pay or not. If not, then mention in resignation letter that you want to serve notice period (as mentioned in Appointment letter). During this this time you get any job, so, you can avoid discontinuation of service.
Thanks & regards,
Sanchita
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Dear Abhi1487,

Your problem seems to be a bit unique. In this connectionI suggest as under:

1. pl. check up if there is a clause in the letter of appointment wrt your transferability to other units in the same company, if yes, you had no alternative.

2. pl. check up your letter of appointment for the provision if you or your employer want(s) to leave the service of the company, if a notice or notice pay in lieu thereof has been stipulated, if so for what a period? if no the position is different.

3.Normally, letter of appointment/termination is sen per registered post/ courier. In the instant case, the organisation seems to be bluffing.

4.You have an option to send in your resignation per regd. post in conformity with para 2 above and seek the acceptance of the same,a service certificate and your Fand F settlement. In case you do not get a service certificate your letter of appointment and the latest pay slip will suffice.

5. Pin no hopes with this organisation and start looking for a new job elsewhere.

6. In case you do not get your dues please contact the State Labour Officer of your area for advice.

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

Regards

S.K.Johri

It is fully at the discretion of your employer to transfer you from one unit/dept/to another, provided it is as per terms of your engagement.However, they cannot ask you to work in any of their sister organisation because a whole time employee can work only in one organisation.If you are a permamnent 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.If you are unhappy with this organisation and 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 till you get an alternative job.

Hi
The views expressed by apoorva, johri & Arun Kumar are correct.
Based on that you can take a corrective step.
Regards.
Ravi

Dear Abhi_1487,
After reading your problem , i think that you should have not reacted after knowing about 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 prob working in night shift and start working again if they allow. Meanwhile start hunting for new job in day time.

Dear Abhi,
As per your appointment letter clause for transfer, you can be transfer after giving written letter. You should be give the resignation from service and do not accept the termination letter. First try to discuss with your management, if they can understand your problem then 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, was posted on 14/09/2012; mentioned on the postage envelope)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.
Please let me know, what documents can I ask from my previous company, like- payslips, release letter etc.
And, as the company terminated me without any enquiry, what legal actions can I take against them?
Thanks.