Can we transfer a workman on disciplinary ground to our another unit (under same ownership). Terms of condition of Appointment letter is signed by him at the time of joining. Please suggest.
From India, New Delhi
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1From India, New Delhi
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Transfer of Employees: Policy and Legal Considerations
In the first place, a transfer is a normal and positive occurrence in service based on the exigencies of work or the policy of rotating employees among the various units of the same management. Hence, I have a different perception as the proposed transfer is on disciplinary grounds. Whether the reason for an inter-unit transfer of a particular employee is due to work exigency or as a measure of punishment, the management can only do so when there is a provision in the Standing Orders or Service Regulations. Ownership of the two units may be the same, but they are separate legal entities in the absence of a common balance sheet and/or functional integrality.
From India, Salem
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In the first place, a transfer is a normal and positive occurrence in service based on the exigencies of work or the policy of rotating employees among the various units of the same management. Hence, I have a different perception as the proposed transfer is on disciplinary grounds. Whether the reason for an inter-unit transfer of a particular employee is due to work exigency or as a measure of punishment, the management can only do so when there is a provision in the Standing Orders or Service Regulations. Ownership of the two units may be the same, but they are separate legal entities in the absence of a common balance sheet and/or functional integrality.
From India, Salem
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Dear Siba,
Sorry to interrupt your discussion with Mr. Umakanthan M, but I would like to tell you that it is not right ethically or legally to avoid asking for legal dues or claims from the employer in writing. This approach will not resolve any of your problems. Please follow up with your vendor and ensure that they make the necessary payments to the employees. Otherwise, you can initiate legal action against the contractor instead of obtaining undertakings from the security guards.
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Sorry to interrupt your discussion with Mr. Umakanthan M, but I would like to tell you that it is not right ethically or legally to avoid asking for legal dues or claims from the employer in writing. This approach will not resolve any of your problems. Please follow up with your vendor and ensure that they make the necessary payments to the employees. Otherwise, you can initiate legal action against the contractor instead of obtaining undertakings from the security guards.
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Disciplinary Action and Worker Transfer Issue
Your valuable suggestions are required. One of the factories established in Delhi has fewer than 15 workers. Two workers fought with each other on the factory premises and beat each other badly. Both workers have provided written clarifications to the management. On disciplinary grounds, one worker was terminated, and the other one was transferred to another unit under the same ownership established in Bahadurgarh (Haryana), which is 12 km from the current factory. The transfer includes the current salary and extra conveyance, to be borne by the factory (the transfer clause is clearly mentioned in his letter of appointment).
The worker who was terminated is currently unreachable, and the worker who was transferred has filed a complaint against the factory in the Labor Department, stating that he was terminated under a factory conspiracy and is not willing to work in another unit. He was initially hired as a helper/unskilled worker but was classified as skilled labor (Helper is mentioned in the appointment letter & Job Application form at the time of joining). The management has attended three dates in the labor department.
The worker had been working for 12 years. The factory management is willing to pay his full and final amount as Gratuity, etc., but is refusing to pay compensation and one month's notice pay. The matter remains unresolved due to the disagreement over compensation and the notice pay.
Please advise on the potential consequences if the case is transferred to the district court, and what actions should be taken now.
Regards,
Ratnesh Kumar Rai
[Phone Number Removed For Privacy-Reasons]
From India, New Delhi
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Your valuable suggestions are required. One of the factories established in Delhi has fewer than 15 workers. Two workers fought with each other on the factory premises and beat each other badly. Both workers have provided written clarifications to the management. On disciplinary grounds, one worker was terminated, and the other one was transferred to another unit under the same ownership established in Bahadurgarh (Haryana), which is 12 km from the current factory. The transfer includes the current salary and extra conveyance, to be borne by the factory (the transfer clause is clearly mentioned in his letter of appointment).
The worker who was terminated is currently unreachable, and the worker who was transferred has filed a complaint against the factory in the Labor Department, stating that he was terminated under a factory conspiracy and is not willing to work in another unit. He was initially hired as a helper/unskilled worker but was classified as skilled labor (Helper is mentioned in the appointment letter & Job Application form at the time of joining). The management has attended three dates in the labor department.
The worker had been working for 12 years. The factory management is willing to pay his full and final amount as Gratuity, etc., but is refusing to pay compensation and one month's notice pay. The matter remains unresolved due to the disagreement over compensation and the notice pay.
Please advise on the potential consequences if the case is transferred to the district court, and what actions should be taken now.
Regards,
Ratnesh Kumar Rai
[Phone Number Removed For Privacy-Reasons]
From India, New Delhi
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