Company Forcing To Transfer During Notice Period
Category: Legal

I was terminated by my company on June 30, 2016, and after I signed my termination paper, the employee relations officer informed me that I had only 1 month to provide them a transfer request from another company and if I failed to submit any transfer request after 1 month they would file a case on me. The validity of my visa is November 2017.

Having read your response to the question above, I have already asked my current employer to give me a transfer request but they said they already working on it.

Secondly if I fail to submit the transfer request what kind of case can the company file a case against me and thirdly can they cancel my visa if I fail to give my transfer request after 1 month.

If they file a case against me can I still get my indemnity. I worked for the company that terminated me for over 5 years. The reason of my termination was verbal fighting / instigating a fight with my supervisor.

Name withheld
Answer: The company is wrong. It can’t force you to transfer to another firm when you are on notice period. The time given should be after the end of the notice period.

In fact the law allows you to remain on the residence of your former employer while you are serving the probation period with your new employer. You can’t be forced to transfer within one month.

The company can’t also file a case against you or cancel your residence for no reason. In case this happens you should approach the Labor Office in your area and file a case against your employer.

And lastly, the company has to pay your indemnity even if it files a case against you. Even if you were dismissed for fighting, you still have to be given a three-month notice and your indemnity.

The company can’t hold on to the money it owes you under the circumstances you have elaborated. There are some conditions under which you can be terminated without notice and without indemnity (like fraud, cheating etc) but fighting with a colleague is not one of them.



06 Sep, 2016 1904
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