Backdated Transfer from Onsite Geo to IND Offshore and salary recovery
2 years ago
Hi Team, I'm an Indian citizen and I'm employed with Parent company India since 2009. I got transfer/deputed to UK on 2017 and supporting my client in UK. During pandemic time on November 2020, i informed to my reporting manager(but not to my HR) took leave for 2 days and returned to India since my Mom was not well and due to COVID second wave and lockdown waited for the peak to reduce to travel back. In the meantime i was supporting my client from Overseas. my visa was about to expire in 14 June 2021 and my project decided not to extend my visa. My HR came to know that I'm in India only on May 2021.Now my visa is expired and I'm still in India. Now HR is making a backdated transfer (from Onsite UK to offshore INDIA) and in process of recovering my UK salary, they also hold my salary from June 2021. HR states that not reporting to HR is serious compliance violation and it is the process to do backdated transfer and recover the salary. What my organization doing is legal/fair? It is the fault at myself/ employee end? How can i approach the situation.
You may approach the office of Labor Commissioner under Section 12 of Industrial Disputes Act and try to resolve the issue. Otherwise get issue a strong legal notice and settle the matter.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
AS per the agreement signed between you and your company, action can be taken. If there is any express stipulation as to what to do for taking a leave, you have to follow those and in case of default, action can be taken against you. Refer the agreement and if you want to move legally, you can file a case.
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It depend upon the stipulations contained in the agreement you have signed with the company. If you violate any of the condition mentioned in that agreement, company can take action against you. Refer the agreement and understand the procedures for taking leaves. If it was necessary to report to HR team for getting a leave, you have violated the provision by not reporting to HR team. You can file a case in India after referring the agreement.
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