I worked in a BPO as a Customer Care Executive. Management forced me to report to a different location to work without notice and a transfer letter. I refused to report, and management terminated me. It's clearly written in the appointment letter that "Your initial place of work will be in Delhi. However, your services are transferable, and you may be assigned, after reasonable notice, to any location in India or abroad where the company or any one of its associates or customers conducts business. While on transfer, you will be governed by the rules, regulations, and conditions of service of that location.
I am planning to file a case in labour court. Please advice and also provide High court or Supreme court judgements regarding such cases so I could download and go through the judgements.
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I am planning to file a case in labour court. Please advice and also provide High court or Supreme court judgements regarding such cases so I could download and go through the judgements.
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It sounds like you're in a difficult situation. Based on the details you've provided, it appears that your employer may have violated the terms of your employment contract by not providing reasonable notice before your transfer.
Before proceeding to court, here are some steps you could consider:
1. Review your employment contract and company's transfer policy: Ensure you fully understand the terms and conditions regarding transfer and termination.
2. Gather evidence: Collect all relevant documents such as your appointment letter, any communication regarding the transfer, and your termination letter. This will be crucial in proving your case.
3. Consult with a labour law attorney: It would be beneficial to seek professional legal advice. An attorney can guide you through the process and help you understand your rights and legal options.
As for the court judgements, it's important to note that each case is unique and depends on its specific facts and circumstances. However, you can refer to the Indian Kanoon website or the official website of the Supreme Court of India for previous judgements. Please note that these judgements should be used for reference and understanding the legal position, and not as a precedent for your case.
Remember, it's crucial to seek professional legal advice before proceeding. This advice is meant to guide you and should not be considered as legal advice.
From India, Gurugram
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141Before proceeding to court, here are some steps you could consider:
1. Review your employment contract and company's transfer policy: Ensure you fully understand the terms and conditions regarding transfer and termination.
2. Gather evidence: Collect all relevant documents such as your appointment letter, any communication regarding the transfer, and your termination letter. This will be crucial in proving your case.
3. Consult with a labour law attorney: It would be beneficial to seek professional legal advice. An attorney can guide you through the process and help you understand your rights and legal options.
As for the court judgements, it's important to note that each case is unique and depends on its specific facts and circumstances. However, you can refer to the Indian Kanoon website or the official website of the Supreme Court of India for previous judgements. Please note that these judgements should be used for reference and understanding the legal position, and not as a precedent for your case.
Remember, it's crucial to seek professional legal advice before proceeding. This advice is meant to guide you and should not be considered as legal advice.
From India, Gurugram
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Dear Shivani,
You have raised a post on your transfer; however, there are a few unanswered questions associated with your post.
You have written: management forced me to report to a different location to work without notice, and a transfer letter. Without notice or a transfer order, how was the transfer communicated to you, and who communicated it? Upon receipt of the verbal orders, did you approach the authorities concerned to issue a written communication to you?
How far was your new location from the existing location? Why did you refuse to go to a new location?
How were your relations with the reporting manager or the HOD? Did you discuss the transfer with your manager? What was their take on the verbal order? Is it that the authorities concerned wanted to discontinue your services but used transfer as a ploy? Did they know well that by not resuming the duties at the location, it would create a ground for them to terminate your services?
Before the termination, did the company order a domestic enquiry? Were you given a chance to defend your case?
You are planning to file a lawsuit against the company for the alleged illegal termination. However, before that, I recommend you approach the labour office under whose jurisdiction your company falls. Take an appointment with the labour officers, explain your situation, and file a written complaint. Please note that, majorly local language is used in the government offices. If you are not conversant with the local language, then take someone with you who can speak the local language.
Please note the difference between a labour lawyer and a labour officer. While the former works in his/her private capacity and charges the fees for the services, the latter is a mechanism created by the government so that ordinary employees like you can redress their grievances. For filing a complaint in the labour office, you need not pay any fees. The services are free of cost.
Once the complaint is received, the labour office issues a notice to the company. They fix a date on which both sides, the company and the employee, are required to present their case. After hearing both sides, the labour officer gives his/her opinion. As it is not a ruling like one given by the court, the opinion of the labour officers carries weight and not all companies show the courage to defy it.
Though I have written in detail the procedure to file a complaint in the labour office, still, if you have queries, feel free to contact me.
Thank you, and I wish you all the best.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have raised a post on your transfer; however, there are a few unanswered questions associated with your post.
You have written: management forced me to report to a different location to work without notice, and a transfer letter. Without notice or a transfer order, how was the transfer communicated to you, and who communicated it? Upon receipt of the verbal orders, did you approach the authorities concerned to issue a written communication to you?
How far was your new location from the existing location? Why did you refuse to go to a new location?
How were your relations with the reporting manager or the HOD? Did you discuss the transfer with your manager? What was their take on the verbal order? Is it that the authorities concerned wanted to discontinue your services but used transfer as a ploy? Did they know well that by not resuming the duties at the location, it would create a ground for them to terminate your services?
Before the termination, did the company order a domestic enquiry? Were you given a chance to defend your case?
You are planning to file a lawsuit against the company for the alleged illegal termination. However, before that, I recommend you approach the labour office under whose jurisdiction your company falls. Take an appointment with the labour officers, explain your situation, and file a written complaint. Please note that, majorly local language is used in the government offices. If you are not conversant with the local language, then take someone with you who can speak the local language.
Please note the difference between a labour lawyer and a labour officer. While the former works in his/her private capacity and charges the fees for the services, the latter is a mechanism created by the government so that ordinary employees like you can redress their grievances. For filing a complaint in the labour office, you need not pay any fees. The services are free of cost.
Once the complaint is received, the labour office issues a notice to the company. They fix a date on which both sides, the company and the employee, are required to present their case. After hearing both sides, the labour officer gives his/her opinion. As it is not a ruling like one given by the court, the opinion of the labour officers carries weight and not all companies show the courage to defy it.
Though I have written in detail the procedure to file a complaint in the labour office, still, if you have queries, feel free to contact me.
Thank you, and I wish you all the best.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Shivani,
As far as transfer of an employee is concerned, it is a management's rights provided there is a clause in the appointment letter / service contract. However, whenever the management wants to transfer the services of an employee, it has to be communicated in writing and reasonable time should be given for the employee to move to the new location. There are many SC and HC judgements are there in favour of the Management with regard to transfer of an employee.
It is understood that in your case, the Management has not issued any written transfer letter. In such case, it is not a valid transfer and there will be no question as to disobedience or refusal to accept the transfer. Second point is, would like to know whether they have issued any termination letter and if so, what is written in the termination letter. How long you have been working in the company? Are you a trainee or on probation or a permanent staff. If not given any letter and only orally terminated, then it is retrenchment and the same is illegal. If you are a permanent employee, and if your services are terminated abruptly without holding any enquiry, then also the termination will be an illegal one.
I strongly advice you to go to a good labour law Advocate and discuss with him with all documentary evidences you have with you and proceed further.
Warm Regards,
From India, Chennai
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As far as transfer of an employee is concerned, it is a management's rights provided there is a clause in the appointment letter / service contract. However, whenever the management wants to transfer the services of an employee, it has to be communicated in writing and reasonable time should be given for the employee to move to the new location. There are many SC and HC judgements are there in favour of the Management with regard to transfer of an employee.
It is understood that in your case, the Management has not issued any written transfer letter. In such case, it is not a valid transfer and there will be no question as to disobedience or refusal to accept the transfer. Second point is, would like to know whether they have issued any termination letter and if so, what is written in the termination letter. How long you have been working in the company? Are you a trainee or on probation or a permanent staff. If not given any letter and only orally terminated, then it is retrenchment and the same is illegal. If you are a permanent employee, and if your services are terminated abruptly without holding any enquiry, then also the termination will be an illegal one.
I strongly advice you to go to a good labour law Advocate and discuss with him with all documentary evidences you have with you and proceed further.
Warm Regards,
From India, Chennai
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(Fact Checked)-Your advice is accurate. The management should provide a written notice for transfer. Termination without proper procedure can be considered illegal. (1 Acknowledge point)
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
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(Fact Checked)-Your advice is sound and comprehensive. It's important to explore all avenues before resorting to legal action. Great job guiding through the process. (1 Acknowledge point)