Dear Seniors,
I have a query regarding transferring an employee.
I am working as a HR in a news channel. I have issued a transfer order to an employee, who is currently located in Noida and transferred to Raipur. However he has not reported to the new office even after giving him 1 months time. Now he threatening to go to labour court if we do not join him back in Noida office.
We have a clause in our appointment letter, stating - "During your employment with the company you may be posted / transferred to any of the Offices / Divisions / Departments / Units / of the company, or to any other Town / City in India without any change in the terms and conditions of the employment, at the sole discretion of the Management."
Please advice what can be done? The management wants to terminate him but is not ready to pay him the notice period (he is a confirmed employee).
Regards,
Jaya
From India, Delhi
1I have a query regarding transferring an employee.
I am working as a HR in a news channel. I have issued a transfer order to an employee, who is currently located in Noida and transferred to Raipur. However he has not reported to the new office even after giving him 1 months time. Now he threatening to go to labour court if we do not join him back in Noida office.
We have a clause in our appointment letter, stating - "During your employment with the company you may be posted / transferred to any of the Offices / Divisions / Departments / Units / of the company, or to any other Town / City in India without any change in the terms and conditions of the employment, at the sole discretion of the Management."
Please advice what can be done? The management wants to terminate him but is not ready to pay him the notice period (he is a confirmed employee).
Regards,
Jaya
From India, Delhi
As per the Law, You have to give one month Notice Period or 1 month salary on termination of the confirmed employee. Regards Upasana
From India, Delhi
From India, Delhi
Dear Jaya,
Point 1: Issue the Show Cause letter - why not accept the transfer letter
Point 2: Receiving explanation letter - if satisfy the explanation letter by Management - then take a decision as per your circumstance.
Point3: if not given explanation letter, then issue again show cause letter - not obey the company rules - why not terminate the your service.
Point 4: even though employee not respond - issue the termination notice - pay the final settlement only (pay only working days) - (if he wants full & final required, then you ask submit the resignation letter and comply the notice period then get the f & f amount like that speck to him)
Regards/sarmakpk1981@gmail.com
From India, Hyderabad
Point 1: Issue the Show Cause letter - why not accept the transfer letter
Point 2: Receiving explanation letter - if satisfy the explanation letter by Management - then take a decision as per your circumstance.
Point3: if not given explanation letter, then issue again show cause letter - not obey the company rules - why not terminate the your service.
Point 4: even though employee not respond - issue the termination notice - pay the final settlement only (pay only working days) - (if he wants full & final required, then you ask submit the resignation letter and comply the notice period then get the f & f amount like that speck to him)
Regards/sarmakpk1981@gmail.com
From India, Hyderabad
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