Hi All,
I joined Siemens Ltd,Pune office in Jan 2012 with as profile of Sales and Marketing . I was given back dated confirmation letter after 1.5 years.Immediately after getting confirmation letter I was forcibly transferred to Services division in which I was medically unfit to lift heavy products like ACB (Air Circuit Breakers). I proactively informed my superiors that I had underwent lumber spine surgery in the past due to which the doctors suggested me not to lift heavy weights. The superiors informed that transfer is on temperary basis and they will take back soon on the earlier profile. The superiors gave me transfer letter in which it was mentioned that the transfer was done due to business request.
As time passed on, I regularly used to make requests of my transfer back to Sales and Marketing profile in the intranet systems which the VP of Human Resources had suggested all the employees to make request of our needs and use the tool regularly. But unfortunately none of my superiors reverted back.
Finally I resigned in May 2016 since I started facing medical problems pertaining to the limber spine.After resignation, I came to know from my superiors in Services division that I was transfered to Services division because I was declared surplus in Sales and Marketing. It was a matter of surprise to me that earlier when transferred to Services division, in the transfer letter it was mentioned that I am transfrred due to business requirement.
Therefore I requested the HR to give me monetory compensation because it is a cheating case that if an employee is declared as surplus the company should give monetary compensation as per the policy of a company and also as per the Indian employement/Labour Act rather than transferring the employee in the divisions into which he is medically unfit and that too not conducting medical fitness check which should be the case as per the Indian employee/Labour act..But still nobody reverted back.
After some time I also sent legal notice to the company requesting for compensation but they rejected the same.
Can someone please help me out what should I do to get compensation from the company against when an employee is declared surplus. It is very true that I resigned on my own but I was abetted to do so. Its also true that when I resigned I was jobless for 1.5 years.
Regards
Manish