This article is published by The Legal Warning India and written by Advocate Uday Singh.

Employer Calling Employee to Office Suddenly After Work From Home – Is It Legal in India?

During and after the COVID period, Work From Home (WFH) became a standard working arrangement in India.
However, many employees now face a serious issue:

“Employer ne achanak bola – kal se office aao, warna job risk me hai.”

This sudden recall creates panic, especially for employees who:

Shifted to another city or hometown
Have medical or family issues
Were promised long-term or permanent WFH
Joined the company only because of WFH

Let us understand the legal position, employee rights, consequences, and next steps.

Is Work From Home a Legal Right in India?

No. There is no absolute legal right to Work From Home under Indian labour laws.

But that does NOT mean an employer can act arbitrarily.

WFH becomes legally relevant when it is:

Mentioned in appointment letter
Part of written HR policy
Agreed via email or official communication
Promised at the time of joining

Once WFH becomes a service condition, sudden change can be legally challenged.

Can Employer Suddenly Call Employee to Office?

Short Answer:

Yes, but with conditions.

Employer Action Is LEGAL If:

Appointment letter allows location change
WFH was temporary or discretionary
Reasonable notice is given
No personal hardship is ignored

Employer Action Becomes ILLEGAL If:

No notice or extremely short notice is given
WFH was promised long-term
Employee shifted city relying on WFH
Recall is used to force resignation
Threats of termination are given

Sudden recall without consideration may amount to unfair labour practice.

What If Employee Is Living in Another City?

This is one of the most common disputes.

If employee relocated due to WFH and employer:

Calls to office overnight
Does not give relocation time
Ignores medical or family constraints

Then such recall can be challenged as:

Unreasonable service condition change
Constructive harassment
Indirect forced resignation

Can Employer Terminate Employee for Not Reporting to Office?

Direct termination is risky for employer.

If employee has valid reasons and documented proof, termination may be:

Illegal termination
Violation of natural justice
Retaliatory action

Employer must:

Give notice
Provide reasoned communication
Follow due process

Termination without this can be legally challenged.

Is This Considered Mental Harassment?

It can become harassment if:

Threats are used (“Office aao ya resign karo”)
Daily pressure messages are sent
Employee is humiliated for WFH
Medical conditions are ignored

Such conduct may attract:

Labour law violation
Mental harassment claims
Compensation exposure for employer

What Evidence Should Employee Collect?

Evidence is crucial.

Important Proof Includes:

Appointment letter mentioning WFH
Emails confirming WFH arrangement
HR policy documents
WhatsApp or Teams messages
Medical certificates (if applicable)

Tip: Always reply in writing. Avoid verbal-only communication.

What Happens If Employee Ignores Sudden Recall?

Ignoring employer communication may lead to:

Absconding remarks
Disciplinary action
Background verification issues

Never ignore. Always respond politely with reasons.

Legal Remedies Available to Employee

Step 1: Written Representation

Reply with facts, hardships, and request reasonable time.

Step 2: Internal Escalation

Email HR or senior management.

Step 3: Legal Notice

A legal notice often stops coercive recall tactics.

Step 4: Labour Commissioner Complaint

For unfair labour practice or harassment.

Step 5: Legal Action

In case of termination, compensation claims may arise.

Prevention Tips for Employees

Get WFH terms in writing
Clarify relocation clauses
Save all HR communications
Do not resign under pressure

Read Also

Image used for illustration purposes only.

Information is based on news reports and publicly available sources.
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Disclaimer:
This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.