Apparently the reason or transfer is some conflict and you are being transferred so that in case of any dispute raised by you the jurisdiction of courts can be set at a far off place Bangalore………………………………………and it is being believed that you won’t reach Bangalore to agitate!
Now you have to intelligently without being rude and by avoiding emotional outbursts, should highlight your contributions, Tgt.Vs performance, conduct, and (penultimate) transfer as a reason for tendering notice of resignation/resignation.
>>> What is this establishment: Commercial, Industrial, Small Enterprise?
The registration certificate might have been displayed near entrance or you have to find on your own.
Does company have an office at your location: Nashik?
You were reporting to whom and where is office of Reporting Authority?
Redg. office of the company is located in which state, although you have mentioned HO is at Bangalore?
What is trade of this company: IT, Banking etc…..?
How many people are employed in it total and at Nashik?
Do the standing orders apply to the establishment and does the company have its certified standing orders (CSO) and has it been extended to your designation or does the Model Standing Orders apply?
What was your designation and nature of duties…?
Has the company stated in appointment letter that service conditions shall be governed by say…………………..HR policy, service rules and regulations and do you have copy of .HR policy, service rules and regulations?
This info shall help, hence post it, point wise along with other info asked in this thraed…………..
>>> Transfer:
Can employee be transferred if there is no clause in appointment letter, standing orders on transfer and express consent of employee?
The answer seems to be until standing orders contain provision “Transfer” the employer can not pass order of transfer based on either the order of appointment or Standing Orders…………….
You may confirm if the transfer is claimed as ‘Inter establishment Transfer’?
Has the company inserted ‘Transfer’ in appointment letter, HR policy, service rules and regulations, certified standing orders?
>>> Resignation can be without permission and acceptance.
Resignation should be ideally submitted to appointing authority, MD preferably by redg. post.
To whom you have submitted the resignation………………DO you have copy and its POD……………………has the company acknowledged and accepted it in writing…………………………has the company asked you to serve notice period at Bangalore in writing?
Most importantly:
Did the company transfer you by a written order or verbally…………………………if verbally did you record the calls/meeting (audio/visual)?
Did you mention the reason of tendering of resignation ……………..as Transfer to Bangalore? If NO did you mention it in subsequent communications?
Do you have any record (audio/visual0written/ witnesses) that you were harassed and reason for transfer is …………….. malafide, malice, vindictiveness, jealousy…………………..etc
In subsequent communications you should affirm that NO TASKS are pending at your end as on date, you were transferred against your wishes and also without any suitable reason, and this is the reason you have tendered resignation, (and routine duties be assigned that can be completed within and up to expiry of notice period tendered by you…………………………if you want to serve notice period) and to whom you should handover the charge (under proper acknowledgment on the spot), at Nashik?
YOU must highlight your conduct and achievement, and constitutions to good offices.
If you do not want to serve the notice period then you may affirm to adjust the notice pay in FnF statement and demand to send the correct FnF statement in original by rdsg. Post to you for verification and acceptance within say………………………..next 7 days, along with acceptance of resignation, service certificate, relieving letter (with good comments of course…………………….and avoid without comments/with adverse comments), Form16, PF a/c slips of whole tenure of service, ESIC card, payment of bonus/Gratuity if applicable, NOC/NDC etc…………….by redg. post.
If Notice pay in lieu of notice period is inserted in appointment letter, contract of employment then it can be the max. amount.
If employee has left unfinished tasks that can cause financial or some other loss then employer may emphasize upon employee to serve the notice period.
Notice period/pay is part of service conditions that may not necessarily be dependant upon T&C inserted by employer in appointment letter/contract of employment drafted by employer.
Approach a competent and experienced labor consultant/service lawyer with copies of all of the documents e.g. job advt, job application, interview call letter, selection letter, offer letter, appointment letter, joining letter, HR policy, service rules and regulations, transfer order, notice of resignation and any other relevant communications……………….and proceed under expert advise of your lawyer.
