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sandeep   21 September 2015

Salary hold by employer; asks serve notice period outstation

I was working with a firm at customer site for more than 3 years. On july 31st, my firms  contract with customer ended. On 1st august,employer asked me to join other unit near to same city (which is manufacturing unit; different from my previous job) .

On 2nd september, employer asked me to join site at outstation for 15 days ( actually he wanted me to go permananently). I refused to join the same & resigned stating the same reason.

Employer sent an e-mail accepting my resignation but asked to serve notice period for 1 month at outstation. I replied that i given resignation bcoz i can't go outstation,however I will serve notice period where i was working from last month. He didn't reply. I met personally & urged to him. He refused, said he has no my kind work here & asked to join outstation only.

Since then, i not join site or office.Employer hold my salary for August.

Since my joining & before also, I always refused to go outstations due to my personal problems & he never taken any action.

I have not signed appointment letter. Notice period was "understood".

Can employer ask me to serve notice period at outstation site where i have not taken any charge.

can he hold salary for notice period though i was ready to serve at current location?

what can i do?



Learning

 1 Replies

Kumar Doab (FIN)     21 September 2015

You have posted that:

“I have not signed appointment letter. Notice period was  understood………………………… can he hold salary for notice period though i was ready to serve at current location?............................... On 2nd september, employer asked me to join site at outstation for 15 days ( actually he wanted me to go permananently)………………………… On july 31st, my firms  contract with customer ended.”

 

It is not known what all you have been writing!

You should have included that no notice period was agreed upon and no appointment letter/service conditions were agreed upon and hence no notice period was applicable…………………………and you were forced to resign since firms (mention name)  contract with customer (mention name)  ended…………….

The employees/trade union leaders ,Labor Law Consultant may opine that this amounts to retrenchment and retrenchment compensation can be demanded and this should bring the employer on table and you can settle the problem………………….or you can approach various forums as applicable to you.


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