Dinesh Divekar
Business Mentor, Consultant And Trainer

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Hi,
Recently we had a staff requested for internal transfer (voluntary) (w.e.f : 03/09/12)and her superior has promised that she will get a promotion later.
On 03/09, she called HR and say that she refuse to accept the transfer and would like to remain at where she is due to her promotion has been rejected.
At the same time, she didn't return the acknowledged of the transfer letter to HRD. We have spoken to her superior to iron out the issue and get her to transfer to new dept asap.
What will be the next step need to be taken if she refused to move.
Please Advice & thanks

Dear Luvi,

First and foremost, when you ask some advice, business etiquettes demand proper disclosure of your name, your designation, your role etc.

In India we have Employee Standing Order Act, 1946. Under the provisions of this act company is supposed to prepare standing orders. These are certified and approved by Labour Commissioner of the area. Do you have anything of this kind in your country?

Under the provisions of Standing Orders:

a) Company can do internal transfers.

b) It is mandatory to receive official communications from the company

Any transgression on the part of employee is construed as "misconduct". The various types of misconducts are well defined in the standing orders.

The companies that do not have approved standing orders, insert certain clauses in the appointment letter itself. Under the provisions of the appointment letters also management can take action against the employee.

I recommend you checking the terms and conditions mentioned in the appointment letter. For any violation of the terms and conditions, you can issue the show cause notice to the employee. If employee is still intransigent then you can suspend the employee and order the enquiry.

These are the legal provisions. But then why are you backing out on promotion? Who assured the said employee the promotion? Does that person have authority to assure the promotion? If it is assured now then what is the hold up?

By backing out from the assurance you are losing the trust of the employees. News of your backing out and her refusal to accept the letter (of her transfer without promotion) must have spread to all the employees. Has the episode not vitiated the atmosphere of the company? From my point of view, her superior is as much culpable as she is. Promotion is quite dear one's heart. Employees wait for this good news. Employees give their best so they scale up in the organisation. By declining promotion, your company has shattered her happiness. Be true to your promise, give her promotion and close the chapter
.

Thanks,

Dinesh V Divekar

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