Dharmendra (Manager) 11 September 2012

Transfer

I am working in Destimoney Commodities Pvt Ltd. from April 2012 on designation Manager - Commodities. As Per Company HR Policy Manager & above grade person confirmed from ist day of joining so i am comfiremed employee from 1st day of joining. My profile is business development with team or branches but after joining profile offered me indivisual business development and not provied me team. From Last 4 month i fight for my profile so my reporting person want to resignation from my side but i wat not putting my resignation. Now 27th of Aug we recevied a transfer latter from my HR department with imidiate effect and should be report at new branch before 1st of sept. but it not possible for me to join with imidiate effect becouse of it's vary long jounary and should be at least 5 days to reached theire by train. i mark a mail to HR deportment to provide me some time to join but they not provide me sufficiant time. i wat present in my present branch till 31th aug. and my reporting boss not issue me reliving latter for join new branch so i am not able to join that branch.

Now from 1 st sept my my reporting boss told me we have reliave to you from my branch and from now take handover my pc & mobile forsefully. and HR deportment disable my e-mail id without any notice. and HR deportment told me you in reliving not with out any pay.

Also he are not providing me any compansation for my traveling, house goods transfer, Leave & stay allowence.

So any one give me suggetion what i do in this case ?

Dharmendra Agrawal

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 September 2012

You have to convince your HR department head for reposting

Kumar Doab (FIN) 11 September 2012

The conduct of both reporting authority and HR is bad. You may try to convince them by submitting facts.This time let it be in writing under acknowledgment.

You may submit a written representation to good offices of your appointing authority, MD, Company Secretary and seek relief.You may attach screenshot of wait list of all trains and demand advance to bear the expense.Let the company either send you air ticket or decline advance in writing.You may plead that since your wages have been blocked you are facing financial hardship and can not bear any expense.You must mention that your access to offifial email, office etc has been blocked and you shall be allowed to remain at your city till a resoloution is provided to you and you must not be declared absconding as you are not absconding.

If you can resolve the matter within the company it shall be quickest and easiest solution and litigation shall be avoided.

if you resign you shall have to tender notive pay.

By a calculated strategy HR has blocked you pay.

If company issues a termination order company shall have to tender notice pay. Company shall claim that non reporting is a misconduct, and in such a case termination may be without any notice pay.

No one was reproting to you.

The courts may accept that designation given to you was a decorated one.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not. You may check if Industrial Employment standing orders Act is applicable to your industry. If certified standing orders are not framed model standing orders shall apply.

Other soloution can be that try hard and be with another employer.