Hi, Initially, the employer asked me to resign. Upon refusing, they transferred me to a distant location within the country.
As I did not comply with the transfer, they accused me of absconding and subsequently terminated my employment.
I am concerned about receiving my Full and Final settlement (FNF) in this situation. What steps can I take to address this issue?
From India, Mumbai
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As I did not comply with the transfer, they accused me of absconding and subsequently terminated my employment.
I am concerned about receiving my Full and Final settlement (FNF) in this situation. What steps can I take to address this issue?
From India, Mumbai
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Hi,
First of all, please check your appointment order. If the appointment order contains a clause stating that "the employee is liable to be transferred to any of their branches for business requirements," then the employer has the right to transfer. Even if the hidden reason for the transfer is to prompt your resignation, the employer can justify the transfer as a business requirement.
However, the employer is obligated to provide sufficient time for relocation and cannot implement an immediate transfer. It is unclear whether you responded to the transfer letter by requesting time or refusing the transfer. In the absence of a proper reply, they may have proceeded with termination, but they are required to follow the correct process, which includes providing time to report, issuing a warning letter, and then proceeding with termination.
From India, Madras
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1153First of all, please check your appointment order. If the appointment order contains a clause stating that "the employee is liable to be transferred to any of their branches for business requirements," then the employer has the right to transfer. Even if the hidden reason for the transfer is to prompt your resignation, the employer can justify the transfer as a business requirement.
However, the employer is obligated to provide sufficient time for relocation and cannot implement an immediate transfer. It is unclear whether you responded to the transfer letter by requesting time or refusing the transfer. In the absence of a proper reply, they may have proceeded with termination, but they are required to follow the correct process, which includes providing time to report, issuing a warning letter, and then proceeding with termination.
From India, Madras
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As you have been terminated from service, you are entitled to terminal benefits as per the applicable rules. Since they have terminated you for absconding, they would charge the notice period salary from you.
You can write to them with reference to the termination order seeking payment of unpaid salary, leave encashment, bonus for the last year, a proportionate amount for this year, any special incentives, or compensation being payable, etc.
From India, Mumbai
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You can write to them with reference to the termination order seeking payment of unpaid salary, leave encashment, bonus for the last year, a proportionate amount for this year, any special incentives, or compensation being payable, etc.
From India, Mumbai
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When the employer asked you to resign, you should have started looking for your job and negotiated an exit. Then when they transferred you, you should have at least responded, asked for time, etc.
Anyway, now there is nothing to be done on that front. You need to approach the company officially and ask for your full and final settlement. They will be entitled to deduct notice pay and give you the balance amount.
If you are a 'worker' as defined by the Industrial Dispute Act, you can approach the labor officer for redressal, but I am not sure how helpful that would be.
From India, Mumbai
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Anyway, now there is nothing to be done on that front. You need to approach the company officially and ask for your full and final settlement. They will be entitled to deduct notice pay and give you the balance amount.
If you are a 'worker' as defined by the Industrial Dispute Act, you can approach the labor officer for redressal, but I am not sure how helpful that would be.
From India, Mumbai
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Legal Clarification on Absconding & Contract Labour.pdf
Absconding letter.doc