I would like to get suggestions on the issue mentioned below:
I was a permanent employee of a Delhi-based company, XX PVT LTD. I had been deputed to a client location in Bangalore for around two years. My company lost the contract with the client on 31st May 2013, which they informed me about on 6th May. They stated that all employees currently working for this client would have the opportunity to work at the same place but with another vendor of this client, as we had lost the contract. Later, on 21st May, they informed me not to accept another vendor's offer as they would put me on a different project. Since I was aware of and had experienced my company's illogical and illegal practices before, I resigned on 29th May 2013. I kept asking for information about new projects and locations, but they just informed me that by 31st May, I would receive tickets and TA/DA to attend an assessment on 3rd June by the company's senior person in Mumbai to fit into a relevant project. However, I neither received tickets nor any other communication until 7th June. On 7th June, they accepted my resignation and asked me to report to Chennai by 10th June, agreeing to pay for my tickets and two days' accommodation to work during the notice period. I refused to relocate for a new project to Chennai without knowing the project details and proper relocation bonus, also due to my mother's sickness. I also mentioned that they were asking me to relocate on two days' notice, which was not practically possible, and I would have to pay a penalty to my landlord as I had not informed him two months before vacating. They strictly said they would not even provide the client's name for whom I would be working. On 14th June, they terminated me, stating that as agreed, I was to relocate anywhere in India or abroad as per the assigned project, and I had violated this. Considering this a gross misconduct, they issued my termination.
From 1st June to 10th June, I was at home as there was no company office in Bangalore where we could report, and I had not been asked to relocate to any company's office even after many requests to know where to report after 31st May (the last date at the client location).
Questions for Your Kind Suggestions:
1. Can a company force an employee to join any project without providing any information about that project?
2. Can a company force an employee to relocate to a new city on two days' notice, denying any relocation assistance and the amount I would have to pay to my landlord as a penalty?
3. Can someone be relieved without serving the notice period if they are on the bench?
4. Is my termination legitimate?
5. They have not credited my May month's salary; I worked till 31st May at the client location. In my appointment letter, it is mentioned that if terminated, I will neither receive any dues amount nor an experience certificate. Can I question my company to give my salary and experience certificate?
Regards,
Kabir
From India
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I was a permanent employee of a Delhi-based company, XX PVT LTD. I had been deputed to a client location in Bangalore for around two years. My company lost the contract with the client on 31st May 2013, which they informed me about on 6th May. They stated that all employees currently working for this client would have the opportunity to work at the same place but with another vendor of this client, as we had lost the contract. Later, on 21st May, they informed me not to accept another vendor's offer as they would put me on a different project. Since I was aware of and had experienced my company's illogical and illegal practices before, I resigned on 29th May 2013. I kept asking for information about new projects and locations, but they just informed me that by 31st May, I would receive tickets and TA/DA to attend an assessment on 3rd June by the company's senior person in Mumbai to fit into a relevant project. However, I neither received tickets nor any other communication until 7th June. On 7th June, they accepted my resignation and asked me to report to Chennai by 10th June, agreeing to pay for my tickets and two days' accommodation to work during the notice period. I refused to relocate for a new project to Chennai without knowing the project details and proper relocation bonus, also due to my mother's sickness. I also mentioned that they were asking me to relocate on two days' notice, which was not practically possible, and I would have to pay a penalty to my landlord as I had not informed him two months before vacating. They strictly said they would not even provide the client's name for whom I would be working. On 14th June, they terminated me, stating that as agreed, I was to relocate anywhere in India or abroad as per the assigned project, and I had violated this. Considering this a gross misconduct, they issued my termination.
From 1st June to 10th June, I was at home as there was no company office in Bangalore where we could report, and I had not been asked to relocate to any company's office even after many requests to know where to report after 31st May (the last date at the client location).
Questions for Your Kind Suggestions:
1. Can a company force an employee to join any project without providing any information about that project?
2. Can a company force an employee to relocate to a new city on two days' notice, denying any relocation assistance and the amount I would have to pay to my landlord as a penalty?
3. Can someone be relieved without serving the notice period if they are on the bench?
4. Is my termination legitimate?
5. They have not credited my May month's salary; I worked till 31st May at the client location. In my appointment letter, it is mentioned that if terminated, I will neither receive any dues amount nor an experience certificate. Can I question my company to give my salary and experience certificate?
Regards,
Kabir
From India
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Regarding relocation/transfer, conditions are generally mentioned in an employee's appointment letter. If they have not handled your transfer/relocation as per the terms and conditions in the appointment letter, then the company has done an injustice.
Refer to my point number 1.
Yes, one can get relieving without serving the notice period, but that is at management's discretion. Also, consider the terms and conditions of the employee's appointment letter and the standing orders of the company.
Refer to your appointment letter and the standing orders of the company. If they have violated it, then your termination is illegitimate.
To answer this, I need intrinsic details of your profile, the company's profile, and other relevant information.
Suggestion: Look for better opportunities and stay positive.
Regards
From India, Pune
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65Refer to my point number 1.
Yes, one can get relieving without serving the notice period, but that is at management's discretion. Also, consider the terms and conditions of the employee's appointment letter and the standing orders of the company.
Refer to your appointment letter and the standing orders of the company. If they have violated it, then your termination is illegitimate.
To answer this, I need intrinsic details of your profile, the company's profile, and other relevant information.
Suggestion: Look for better opportunities and stay positive.
Regards
From India, Pune
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Employee Rights Regarding Project Assignment
I would like to know if an employee has the liberty to choose a project or at least has the right to ask for the project and profile details to which they are being assigned. What if the company refuses to provide project and profile details? Can a company terminate an employee if they refuse to join a project without knowing the details of it?
Regards,
Kabir
From India
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I would like to know if an employee has the liberty to choose a project or at least has the right to ask for the project and profile details to which they are being assigned. What if the company refuses to provide project and profile details? Can a company terminate an employee if they refuse to join a project without knowing the details of it?
Regards,
Kabir
From India
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As a good practice, a company should not keep any employee in uncertainty. Everything should be transparent. An employee has full liberty to know the intrinsic details about his/her project (except for a few very confidential aspects).
Secondly, if a company has decided to terminate a particular employee, the HRD/Management should establish legal grounds against the employee. This practice is not common everywhere; only a few unethical individuals engage in such behavior.
Ultimately, the company does not want to be on the wrong or illegal side.
Thank you.
From India, Pune
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Secondly, if a company has decided to terminate a particular employee, the HRD/Management should establish legal grounds against the employee. This practice is not common everywhere; only a few unethical individuals engage in such behavior.
Ultimately, the company does not want to be on the wrong or illegal side.
Thank you.
From India, Pune
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Thanks for the reply, Mudassar04. Please let us know how to proceed further as the company denies giving dues, a relieving letter, and an experience certificate.
Request for Opinions and Suggestions
Hello All,
Please give your opinion. Your suggestions will be highly welcome, and we would be very thankful.
Regards,
Kabir
From India
Acknowledge(0)Amend(0)
Request for Opinions and Suggestions
Hello All,
Please give your opinion. Your suggestions will be highly welcome, and we would be very thankful.
Regards,
Kabir
From India
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Employee Retention - Project-2.doc