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Clarification on employees rights and duties
01-Mar-2023 (In Labour & Service Law)
I am an IT professional working in a startup company in Bengaluru, two days back all employees got an email that the company is stopping operations and will continue to work from Gurgaon after 31st march. Except one employee rest 6 are not willing to go so far due to individual reasons, also company wants us to work continuously in March. What are the employees rights here? As company is not ready to give any extra salary other than March month's and also not giving us required time to find new jobs.
Hello,
Does the employment contract that is executed by you with the Company have any provision that restricts the Company from transferring the location of your employment to another city? If such provision is present, then the employer is guilty of breach of contract, and the employees could claim damages. You should also check the employee handbook or standing orders (if any) of the company to see if any such provision on transfer of place of employment is covered there.
If both the aforementioned documents are completely silent on this matter, then it means that there is no existing contractual agreement between the employees and the employer on this matter, and it will be open to mutual agreement between the parties. In such a case, while it is arguable that the employer has no implied right to transfer the location of work of the employees, this may not be easy to establish in a court of law.
(In giving this answer, I have assumed that the total number of employees is 7)
Does the employment contract that is executed by you with the Company have any provision that restricts the Company from transferring the location of your employment to another city? If such provision is present, then the employer is guilty of breach of contract, and the employees could claim damages. You should also check the employee handbook or standing orders (if any) of the company to see if any such provision on transfer of place of employment is covered there.
If both the aforementioned documents are completely silent on this matter, then it means that there is no existing contractual agreement between the employees and the employer on this matter, and it will be open to mutual agreement between the parties. In such a case, while it is arguable that the employer has no implied right to transfer the location of work of the employees, this may not be easy to establish in a court of law.
(In giving this answer, I have assumed that the total number of employees is 7)
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