I joined X PSU. Upon completionn of my training I was posted on secondment basis in Y company which was joint venture of X PSU with other PSUs .Upon promotion I was again posted on secondment basis in Z company which was also a joint venture of X PSU with another PSU. Now some charges are leveled against me by my reporting officer which is also posted on secondment basis from X PSU to Z company. They are applying CDA rules(conduct,discipline and appeal rules) of X company to probe these charges. As I am working for Z company on secondment basis then is it lawful for Z company to use CDA rules of X company to probe the charges leveled against me.
1) No, Z Company cannot charge their CDA rules except the agreement happened between the X and Z companies for work and service of employee completion.
2) You have to check what type agreement has happened between X and Z companies for employees related work completion.
Dear Client,
Employee can be posted in any public undertaking but the rules under which such employee will govern is of company which appointed it.
And in PSU`s there are unanimous service rules.
See you work on just host basis that is temporary basis for Z still you will be deemed as employee of X and the rules of same shall apply.
your appointment letter was issued by X company .
2) you have been posted on secondment basis only to Z company
3) CDA rules of X company would be applicable
As your parent company is x company then they are right, if z company has absorbed you in regular service then no.
file a complaint to the senior management and then file a writ petition in HC if you don't get any resolution.
1. I asked in a RTI a copy of tripartite agreement between me, X and Z companies for my posting in Z company on secondment basis but reply of X company was that no such document available with X. 2. I asked in a RTI about definition of secondment but reply was no such information available. 3. I asked in a RTI about the maximum nos. of year an employee of X company be posted on secondment basis and reply was no such guidelines exit. In absence of these information my posting in Z companny illegal or not. Is any difference between posting on secondment basis and on deputation.
The term 'secondment' describes where an employee or a group of employees is assigned on a temporary basis to work for another, hence rules of X will only follow.
it is joint venture between X company and other company
on basis of said joint venture you were posted to Z company
it is surprising that no guidelines are available regarding posting of employees in other company
1) Yes, they should have all agreement to exchange employees services etc.
Then you have to challenge your posting in Z company rather to ask whether you have to be abide by the CDA Rules of the X Company because you are drawing salary from Z Company so don't be confused, please go on accordingly.
You should look into the conditions of employment offer letter and also should confirm that even though you have been attached to other PSU for the purpose whether you are governed by the parent PSU or the place of working.
If there is no such rule that the present employer shall take a direct action on this, then you ,may give your objection in writing to this step taken against you and may represent this matter to your parent employer for relief and remedy.
If there is no response on this or if you dont get any fruitful result you may approach high court with a writ petition seeking relief
You have been deputed to the other company on the basis of mutual understanding and not as per provisions of law, hence any action taken by the current employer citing the law may not be maintainable, you may protest, object to their action.
You can approach high court for relief and remedy by filing a writ petition.
Secondment is when employees of one organisation work for other for temporary basis undertaking complete work while the deputation is for specific work when some employees are sent.See there must be any order or communication between companies recorded and further you being employed to X continued to work for Z when assigned. Though on these points it can be contested that appointment is not valid.
the said issues will be resolved in writ jurisdiction as the HC will demand all the aforesaid documents.