Sharma
3 years ago
Dear all,
I am working in a hotel as a general manager. Past week, my organization issues me a transfer letter. I was supposed to handover my duties to my junior in the same day of receiving the transfer letter & join the new place next day immediately. Seeing this unprofessional attitude of management, I submitted my resignation letter within 02 hours of receiving the transfer letter along with one month's notice period. Now these people are trying to force me to serve my notice period at my new place which I seems quite unethical! And if I won't join there at new place, they gonna charge penalty of 02 months salary from me. Also from past 03 months, I am getting only 50% of my salary (due to COVID I guess) but they haven't issued any letter regarding this deduction to any of their employees till date. If I submit medical leave certificate indicating 03 to 04 weeks of bedrest to me due to slipped disc issue, will it help me in smooth exit with my unprofessional organization with experience certificate? What other steps can I take. Requesting you to kindly help me in this case.
A.I have gone through your query in detail.
1) As you have said you have got the transfer letter and then later you had given your resignation letter after 2 hours, so by default your company is on the winning side … as they have given your transfer letter First & then you are putting the resignation letter so as per the rule you will have to resign from your new posting transfer letter office address.
2) Also you are mentioned that if you want join the new place they will charge penalty of two month salary from you. Now in case you don't want to go to the new place make sure that they are going to cut only 50% of the salary as your current salary is ONLY 50 % due to covid reasons.. confirm it with the HR department are they going to cut only the 50% of the payment of two months. Also make sure you have another good job in your hand prior to exiting of this current job, there is a slight Market Recession.
3) If you can manage to get a medical certificate for 3 to 4 weeks you may get exit from this organization, but they may not give you a good reference when you are joining some other firm/ Hotel they may not give your BG check with a good opinion..N may have a negative impact on your new joining...
4) The final call is yours as if you are ready to compromise the 50% of their current salary and confirm it with the HR department are they going to cut only the 50% of the payment of two months,…. means that will be actually one month payment of normal time.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
1) As you have said you have got the transfer letter and then later you had given your resignation letter after 2 hours, so by default your company is on the winning side … as they have given your transfer letter First & then you are putting the resignation letter so as per the rule you will have to resign from your new posting transfer letter office address.
2) Also you are mentioned that if you want join the new place they will charge penalty of two month salary from you. Now in case you don't want to go to the new place make sure that they are going to cut only 50% of the salary as your current salary is ONLY 50 % due to covid reasons.. confirm it with the HR department are they going to cut only the 50% of the payment of two months. Also make sure you have another good job in your hand prior to exiting of this current job, there is a slight Market Recession.
3) If you can manage to get a medical certificate for 3 to 4 weeks you may get exit from this organization, but they may not give you a good reference when you are joining some other firm/ Hotel they may not give your BG check with a good opinion..N may have a negative impact on your new joining...
4) The final call is yours as if you are ready to compromise the 50% of their current salary and confirm it with the HR department are they going to cut only the 50% of the payment of two months,…. means that will be actually one month payment of normal time.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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Rameshwar Dadhe
Responded 3 years ago
A.Go to the labour commissioners office and make written application against them immediately
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A.Dear Sir,
You may succeed if you approach the labor Commissioner. Read the following circulars also.
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
You may succeed if you approach the labor Commissioner. Read the following circulars also.
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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