cpc

labour law


A pvt.company transferred an employee to some other location. If he is not in a position to work in new location due to his family problem . He send a reply that he can't accept the transfer order and reqst to allow to the same location. But the authority reject his request and on the basis they sack him from that post.

Is the act of the management is legal and they have the right to terminate him and the employee should obey the transfer order  at any cost?

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

They cannot do just like that. They have to issue a memo to the employee and management has to consider his request on desciplinery grounds.

 
Reply   
 



The employer has no right to sack him with out conducting domestic enquiry. The employee can raise a dispute before Labour commissioner of his area for his illegal termination and reinstatement.

 
Reply   
 
FIN

What is this establishment registered as ; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.

 

What is its line of business: e.g.: IT, Banking,etc?

 

 

How many people are employed in it?

 

Redg. office of the company and your reporting office  is located in which state?

 

Employee was located in which state?

 

What was employee’s designation and nature of duties and how many persons were reporting to employee?

 

Did employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?

 

Who has signed the appointment letter?

 

Was employee under probation period or a confirmed employee?

 

Do standing Orders apply to establishment?

 

Does establishment have its certified standing Orders (CSO)?

 

Is right to transfer stated in CSO?

 

Has the company stated in appointment letter that service conditions shall be governed by HR policy/service rules and regulations…………………………….and Is right to transfer stated in HR policy/service rules and regulations?

 

The transfer is within office or not?

 

 

 

Reply point wise to each point.

 

 

 
Reply   
 
Advocate

Mr. Kumar Doab's questions to you seems to be appropriate, you may answer them if you need proper opinion.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x