Termination [Thread 570122]

Hi,

Need some update on termination rule and law.

Recently one of my friend have been terminated by his company for refusing to take transfer to a different city.
The HR has forwarded a letter which clearly mentions that he has been terminated with immediate effect and will be paid salary upto last month plus one month extra pay out.

He is having the company id and few other assets with him and willing to handover to company and get his FnF settled.
The company HR has told it will take 45days to settle his FnF after depositing all assets as per company's protocol.

He has asked for the confirmation mail asking for the total amount he will be paid and the date on which the FnF settlement will be handed over to him but they refuse to provide any information and every time giving a different excuse for not able to provide information.

As far as we know in case of a termination by the company, the company needs to process and hand over FnF within 24hours but this company is not willing to do so.

In such a scenario what is the best he can do gets his dues cleared asap.

Transferring the employee one location to another location is a legal action, if it does not deviate the service conditions of an employee. However, terminating the service of an employee without following procedural formalities is violation of principles of natural justice. Therefore, he can go for remedy by approaching the Labour Department concerned. Once the employee is made the claim for settlement after the termination, the employer has to process the same immediately without any delay. Your friend may be asked to make a claim in writing with a copy marking to Labour Department with the indication of such claim is not paid within a stipulated time, such claim may bear a reasonable per centage of interest till the date such claim is realized.

The process of Labor law would be time consuming though approaching it would give a threat and fear to the employer. But the employee has to handover company properties like laptop etc. Otherwise that itself would be a reason to delay the final settlement by employer.

Duty is terminated after disciplinary action and not at whims. First comes show cause, then calling explanation, then enquiry and then punishment. No service condition allows termination without valid reason. Refusal to transfer may be indiscipline and violation of instruction. However the above formalities are to be fulfilled . Please provide a copy of his appointment letter to give further comment.