Transfer from one company to other without consent.
3 years ago
Let me to bring to your attention, the act of gross negligence, contractual violation and corporate misbehavior from my colleagues in my company. Allow me to explain to you in detail. I joined Mankind Pharma on 13 May-2019 as an Executive in the Corporate Quality & Compliance Department, on 14-January-2020. I got an email from the HR department stating that I have been transferred to Shree Jee Laboratory Pvt. Ltd. in the QA department effective from 01 Jan-2020. The transfer was a surprise to me, as I had not received any prior correspondence relating to the matter. Furthermore, I did not consent to the. I communicated my discontent to my seniors who assured me that this is a case of a mistake made by HR and that the transfer will be reverted soon; therefore, I shall continue to fulfil my duties.
I have faced many problems because of transfer. I communicated and requested to HR department as well as to my department head to resolve the matter as they told me, but even after copious amount of phone calls and E-mails, I have not yet received a single acknowledgement of the issue, let alone an explanation and I can only wish for an apology. Making things worse, I have recently received an email from the HR department threatening my termination. I have requested to HR many times if they do not want me to continue as per my joining agreement ,then relieve me as per my joining agreement in a proper way.
Now I have been terminated from Shree jee.
1) Regarding the internal transfer from one company to another company may be allowed in kind of any MNC. We will have to go through your Offer Letter, Appointment Letter And Confirmation Letter so as to read all the terms and conditions very clearly...
2) Also I am bringing to your notice that if you are having appointment of Mankind Pharma by default the Resignation/ Termination letter should we also of the mankind Pharma as when you join a particular company you will have to take the resignation of the relieving letter from the same company which you joined... (In the Termination letter it should have clear cut mentioned that Shreeji Pharma is a sisiter concern of Mankind Pharma. Please refer your Appointment Letter)
3) As per what you are saying is that u joined Mankind Pharma and you got resignation letter from Shreeji Pharma... It is just like you joined TATA GROUP and registration is given by RELIANCE GROUP....
4) You can send a legal notice for them asking to give appropriate reason for the subsequent transfers n later termination...During your transfer in Shreeji Pharma from where did you receive your Salary transfer & Have your dues been cleared.
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ADV. ANISH PALKAR (High Court)
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