How Should I Respond to the Labor Department About an Employee Ignoring Transfer Orders?

I'm facing an issue with one of our employees regarding a letter sent to me from the labor department. Actually, I sent him an email to stop fieldwork on April 27, 2016, due to unsatisfactory performance, but he refused to comply. I then sent him a transfer letter, and once again, he failed to join the transferred headquarters. I eventually called for him to report to the Head Office; however, he continues to refuse to do so despite numerous reminder emails. Instead of reporting to the Head Office, he has sent a letter to the labor department.

Steps to Respond to the Labor Department

Please guide us on what steps to take and how to respond to the labor department concisely.

Regards

Clarification on "Stop Field Work" and Employee Termination

Does "stop field work" mean his service is terminated? If yes, then termination is legally questionable if you have not conducted a domestic inquiry. If his performance is low, you can terminate him after conducting an inquiry.

If you have asked him to stop work, how can you subsequently transfer him? Or does it mean that you have asked him to stop a particular kind of work and still remain employed? Is the place of transfer different from the head office? Did you transfer him to the head office again?

Your query itself is not clear. Please provide details or contact a lawyer with all documents, as the nature of your communication and its replies, along with the complaint letter, is important.

Regards

Gurmeet Singh,

Visit the labor officer of the area and speak to him. Give a written complaint with full details.

Dear Gurmit,

Please send a notice/legal notice to your employer immediately seeking reinstatement with back wages. If they don't comply, raise a dispute before the labor commissioner.

Dear Deepjot,

We appreciate your problem, but there is no other solution other than complaining first to the labor officer of the area. A legal notice will hardly cost you Rs 1500 from a lawyer. Without intervention, your employer is not going to listen.

Thank you.

We need to go through your correspondence in which you asked him to stop the fieldwork. What other work was assigned to him? If that letter can be interpreted as a termination letter by the GLO, then it will be a 2A dispute. If his performance is unsatisfactory, then you need to issue him a charge sheet and conduct a proper inquiry with supporting evidence. Your appointment letter needs a condition of transfer to some other unit, etc. Only then will the right be created to transfer him.

Regards,
[username]