Partner - Risk Management
Arun Kumar Maitra
Presently Working As Company Secy. In Old
Human Resource Professional
Hr Executive
Consultant & G.m.
+3 Others

Dear Senior,
This has reference to transfer of employee current department to another department ,please suggest if employee refused to receive the same ,what action we should take against him if he refused to accept inter department transfer letter & he did whimsicalities during in duty timing. He didn’t obey his HOD instruction.
Please suggest & advice ..

From India, Haldwani
Dear Vishal,
Check with his reason on refusal. Is this a sudden transfer letter or have you given some time period prior to this?
What is your industry type and whimsical referred in which case?
Is this the first time or always that he didn't obey his HOD?

From India, Visakhapatnam
Dear Mam,
Reason is additional increment apart from recent increment requirement by employee in case of sudden transfer . we have given transferred due to neglecting work & argument with senior & it is in his habit so many time has done the same act with senior . he is working in our Hotel from 15 years. In past , two times I have changed his job profile but no improvement observe .
Today, I ask him “why you have not perform your work according to given instruction in transferred location” .he replied to me I will take action (FIR) against you due to employee harassment. Please suggest ,what action I could take against him.

From India, Haldwani
Dear Vishal,
Hoteliers are referred to their dignity and hospitality. I certainly wonder if an employee is belligerent, it requires to take an action. Since you have verbally checked the cause, I would suggest you to talk to your management and give him a warning letter and perceive him for a month. If still no changes let him know he may need to put down his papers.
I hope this might help him deem render his job .

From India, Visakhapatnam
I think such a person should not be transferred but terminated.
Hotel industry is service oriented and one bad experiance of a guest proves costly.
Let him file a fir for employee harassment, of he can. It's an empty threat. He will find it impossible to do so. Anyway, I am sure yur management has relations with the cops as every hotel does.
You need to hold a domestic inquiry in relation to his misconduct. Also refer him to the senior management for warning and counselling as he has been there for long. However document everything. Specially his wrong actions, arrival time, refusal to follow instructions, etc.
Make sure you follow the requirement of standing orders or other procedure that may apply

From India, Mumbai
It is purely administrative decision to transfer an employee from one Dept. to another or from one Unit to another.Further, it is as per terms of his engagement.Therefore, if an employee does not comply with the same,disciplinary actions could be taken against him.After the inqury,based on the Inquiry Report, apprpriate action could be taken depending upon the nature of mis-conduct committed by him.However,all actions should be taken subject to approval of the Competent Authority and subject to compliance of Laws.
From India, Delhi
Dear Vishal,
U can round through all the things by proper system.
Either you can issue the first warning letter or may route through PIP (Performance Improvement Plan).
By this U can be safe legally (if any legal /issue arise in future).

From India, Ujjain
Transfer is management prerogative. If you mention in the order as exigencies of work only than he has to accept it and has to join in the transferred deptt. But when you mention the transfer on the ground of the allegation as you mentioned then it will not stand in the court of law since it comes under the disciplinary punishment.
Then you have to issue a show cause notice on the allegation you have mentioned and then called for his written explanation and if necessary you have to install departmental enquiry and then you can transfer him as a punishment.
That’s it.

From India, Hyderabad
Dear Senior,

Thanks to all for valuable suggestion & advice..

But I little confused for the same

What first I have to do in this case, refused transfer letter sent by registered post

to his permanent & present address after that if he not agree then warning letter will be issue him ,even if he doesn’t agree to work according to instruction which mention in transfer letter then I shall issue him show cause notice for the explanation then inquiry report .

our organization have employee union & transferred employee also from employee union ,if any thing wrong then they will create issue in premises .

Note I have mention on transfer letter for work & better controls another department ,transferred employee designation –Team Leader.

In past time ,union leader attacked on HR manager in peak season because HR manger called the police for major problem creator union employee against their misconduct but matter has been resolved by the management by taking lenient stance due situation of peak season & providing better guest service. No charges were framed against certain union employees.

Now today, transferred employee on without intimation absent from duty , as per information by Labour department ,he has submitted his application related to employee harassment to DLC . How can I terminate that employee legally (after giving one month notice period or wages) without any issue?



From India, Haldwani
In the present case, refusal of transfer order is comes under disciplinary code even though your reasons for transfer whether will stand in the court of law is different issue. Right now you rely on refusal of transfer order and issue a memo to him. If he is also absent from the work than combined together (refusal as well unauthorized absenteeism) issue memo and called for explanation.
Regarding his complaint before DCL is a different subject that you have to deal with separately.
Right now you cannot terminate his services without valid ground.

From India, Hyderabad

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