Facing Job Termination for Missing Mumbai Transfer Deadline: What Are My Options?

Hi, I am working in a Mumbai-headquartered company for the last 13 years. I have been working from home for the past 4 years. Since last year, the company no longer has an office here. It's a public relations company. Suddenly, on January 25th, they asked me to join the Mumbai office. I clearly mentioned in an email that my kids are in school, and I can join there in May. Now, they are saying I failed to join the Mumbai office by the given deadline of February 3rd. Therefore, they will treat me as LWF and remove me from the company's payroll. I have not received my January salary yet. They cannot even assure me when I can expect my January and February salaries, as well as my gratuity. I informed them that I will take legal action. Kindly suggest.

Dear friend, what's discernible from your narrative is that you've been permitted to work from home for the last 4 years, despite the fact that the company has had no office in Bangalore since last year, which is the reason for your transfer to Mumbai. This seems reasonable. Transfer is an incidence of service, and the employer has the managerial prerogative to transfer their employees as and when required based on work exigencies. The personal hardships likely to be caused to the employee cannot be a determinant to cast malafides on the transfer. Although you are willing to abide by the transfer orders, seeking 4 months' time seems unreasonable.

At the same time, the management's action of withholding your salary for January is not correct. The threat of termination may be a formal one just to induce your early joining. It would be better to try to have further discussions with your HR and try to sort it out amicably instead of resorting to legal action.