Sales Promotion Employee's Defense in an Illegal Charge Sheet Case
A Sales Promotion Employee (Medical Representative) of a Pharmaceutical Company was defending an illegal Charge Sheet of a Co-Worker as a defender. During the entire proceeding of the inquiry, management didn't provide any proof or evidence to authenticate the charges framed in the Charge Sheet of the Co-worker. After completing the domestic inquiry proceeding, management delayed the closure report for 1.5 years, which is still awaited. In the meantime, the management transferred the defender with malafide intentions, which was refused by the defender. Subsequently, the management stopped the salary and wages, as well as the Sales Promotion Input of the defender for the last year. There has been no disciplinary action or termination letter from the management until now.
Is This Considered Deemed Termination or Oral Termination?
Is this considered deemed termination or oral termination of a defender by the management? If so, kindly provide the ruling for the same to ensure justice for the defender in the court of law.
From India, Lucknow
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A Sales Promotion Employee (Medical Representative) of a Pharmaceutical Company was defending an illegal Charge Sheet of a Co-Worker as a defender. During the entire proceeding of the inquiry, management didn't provide any proof or evidence to authenticate the charges framed in the Charge Sheet of the Co-worker. After completing the domestic inquiry proceeding, management delayed the closure report for 1.5 years, which is still awaited. In the meantime, the management transferred the defender with malafide intentions, which was refused by the defender. Subsequently, the management stopped the salary and wages, as well as the Sales Promotion Input of the defender for the last year. There has been no disciplinary action or termination letter from the management until now.
Is This Considered Deemed Termination or Oral Termination?
Is this considered deemed termination or oral termination of a defender by the management? If so, kindly provide the ruling for the same to ensure justice for the defender in the court of law.
From India, Lucknow
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Dear Mahesh, transfer is an incidence of service, and as such, the personal inconvenience, if any, caused to the employee cannot be a valid reason to agitate. Therefore, every employee is bound to obey the orders of transfer. If the order of transfer is as per the provisions of the standing orders or service regulations of the employer, such refusal to comply with the order can be treated as punishable misconduct, apart from non-payment of salary/wages for the period of unauthorized absence on the grounds of refusal to report for duty in the transferred place/post. If the employee feels that the order of transfer is a measure of victimization or a colorable exercise of power or not authorized under the standing orders, he can raise an industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, through his Trade Union.
From India, Salem
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6108From India, Salem
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Termination-emp loyment_563.pdf
Termination letter.doc