General Manager - Hr
Recruitment/talent Acquisition, Career Counselling
Asso.prof.(commerce & Management) Pg
+4 Others

Dear All, Please advise me what are the rights of employee? if company transfer him from one branch to another branch immediately after his joining. Regards, Bharat
9th November 2013 From India, Ahmedabad
Read your appointment letter conditions before posting your query here. Pon
9th November 2013 From India, Lucknow
Dear Sir,
In appointment letter the condition is "Although you will based at ahmedabad, please note that your services are transferable anywhere in india/abroad.
But question is, is it any rights of employees for demanding any perks or benefits, if company tranfer him within a week of his joining date?
9th November 2013 From India, Ahmedabad
Dear Bharat, Your appointment clearly states that you can be transferred anywhere in India so you cannot complain. Regards
9th November 2013 From Pakistan, Karachi
As a HR, I want to help my employees, because due to transfer their cost of living will increase and about transfer, was not discussed during invterview. So, is it not unfair transfer policy? that management give order to transfer the employee within a week of his/their joining.
9th November 2013 From India, Ahmedabad
Hello Bharat,
You should have mentioned CLEARLY in your First Posting itself that you are the HR person & NOT the effected party/employee--since that's the impression one gets from your First posting.
Coming to your query, technically 'IT'S NOT WRONG', going by what's mentioned in the Offer/Appointment Letter. But ethically OR based on Fair HR principles, it surely ISN'T a desirable managerial step to transfer the employee so soon after joining without giving any indication during the Hiring process.
However, to give any further suggestion you would need to give more inputs:
1] How many cases like this have occurred? Is it a one-off case OR being repeated?
2] Has this been a recent phenomenon OR has it been going-on since a long-time?
3] Have you noticed/seen any counter-responses/actions by the effected employees, like resigning, performance issues, etc?
4] Have you discussed this issue with any of the effected employees so far--what's the feedback?
More the inputs you give, the more focused & accurate suggestions would the members be able to give.
9th November 2013 From India, Hyderabad
The employee has agreed to the term on transfer in his appointment letter.Though the management shall as far as possible avoid unsettling an employee by transferring him within one week of his joining,but it has every right to organize it's business and thus transfer an employee as per it's business and administrative needs. Normally the management reimburses travel fare and and halting allowance during the period of transit.. I do not know whether there is such provision in the company's policy.As regards, granting him higher salary due to increase in cost of living,at new place of posting, it all depends up on company's policy and in the absence of it, depends on it's discretion.As HR you can take initiative in framing a meaningful policy.

10th November 2013 From India, Mumbai
your service conditions remain same unless on promotion.only thing is they may pay you transfer benefits like TA,DA and relocation expenses as per their policy and nothing
11th November 2013 From India, Hyderabad
An employee might have joined your organization considering location is convenient to him. He might have sacrificed few good benefits too, that he was getting from his earlier employer.

It may be Management tacties to hack good person of competitor, by offering him location which is convenient to him, initially, and once he joins, now they want to transfer him to actual place where his services are required.

Since the clause in Appointment letter allows his transfer, to any other location, as per wish of Management, neither he can protest legally, nor you HR can do anything. But this is absolutely against the principles of natural justice, and demoralizing the new employee. Instead of he settling down happily in his new job, and also his interest in giving best output to new bosses, now he will start cursing the company, will start thinking as if cheated, and ofcourse his priority will be to look after another opening.

Since you are kind hearted, try to do avoid such transfers, by convincing your Seniors.
11th November 2013 From India, Mumbai
Dear Mr. Bharat,

I have gone through your query and views of many learned followers. From your query and clarifications thereafter, it is assumed that your concern/estb. is a big one which has its branches in many parts of the Country. Hence the person(s) who are being appointed are being taken against vacancies in various units of the main Establishment, hence they are required to be posted as per requirement of the Company and not as per the convenience of the individual concerned.

So, First of all please get it straight that as mentioned in the Appointment Offer letter, the employee can be transferred to any where in India in a Unit which is under the ownership of same owner. The employee shall be entitled to TA/DA as per rules in your Company.

Secondly, being a HR Manager, it is your foremost responsibility to calm down and satisfy the doubts of your employees but on the contrary you are raising question. Besides the interest of employees, you are to look the interest of your Company within the frames of rules and regulations. You are to act as a bridge between the top management and the workers/employees.

The role of a HR Manager is very crucial. Please perform it very carefully, otherwise you will end with a "loose-loose" situation. Neither the top management not the employees will appreciate your concerned approach.

AK Jain

HR Personnel

11th November 2013 From India, Jabalpur
Thank you very much seniors,
I discuss with management to give some transfer benefits to the employee for transferring to another branch and revert you about management feedback.
Thanks & Regards,
11th November 2013 From India, Ahmedabad
Thank you very much seniors,
I will discuss with management to give some transfer benefits to the employee for transferring to another branch and revert you about management feedback.
Thanks & Regards,
11th November 2013 From India, Ahmedabad
Dear Bharat,
In transfer matters it is not a foolproof right of the employee to fight it out successfully. I don't think any employer should include a clause in the T & C that he cannot be transferred. If the employee fight for such matters during initial period of his career it may cast clouds on his future prospects. I think he will have to fight a loosing battle only. Let him content with what is made available. May be he could get some clue if he verify what happened when his seniors were transferred like this.
11th November 2013 From India, Bangalore
Dear Bharat,
I agree with Pon1965, you should check your appointment letter first because this serves as your initial or even final contract, a binding agreement between you and your employer. Any deviations shall be deemed negotiable with your employer.
TNSPI Phils.
19th November 2013 From Philippines, Davao City
Dear Senior,
Today my branch head send me below mail, please advise what to do?
20th November 2013 From India, Ahmedabad
If an Organisation is shifting its complete Head office, from one location to another, with all government permissions, I don’t think you have any option to accept the transfer or not. Whatever may be the clause In appointment letter, when company itself is shifting, you have to accept the same. The message from your boss itself is wrong. He should not ask you, whether you want transfer or not. He should write, ‘you will be transferred’. (it is presumed that you are head office employee).
If at all, your Company has another office premises in Ahmedabad, where any of your other department is working, and your job profile suits to work in that department, you can request to Management, that you want to remain at Ahmedabad, due to some reasons (give few reasons which sound genuine).
21st November 2013 From India, Mumbai
Hello Bharat,
Like Abhaybandekar mentioned, this is NOT a case of transfer of an individual employee.
In fact apart from what he mentioned about the wordings your Branch Head used, he should have used "OUR HEAD OFFICE OF GUJARAT IS GOING TO BE SHIFTED FROM AHMEDABAD TO SURAT instead of "OUR HEAD OFFICE OF GUJARAT IS GOING TO TRANSFER FROM AHMEDABAD TO SURAT".
It's YOUR CALL now.
All the Best.
21st November 2013 From India, Hyderabad
Dear Bharat,
It is but obvious that when the Company is shifting its Hd Office from one place to another and the present HO will be winded up, the services of its existing employees will also required to be shifted from the earlier place to new place, in this case it is from ADI to Surat. Now it's upto the employees to report at the new place of HO or to quit. The management is very inteligent and it has placed the ball in your court either to opt for services at new place at the same terms and conditions or to quit. Choice is yours.
However, in my opinion, the employees so being affected, should approach the management and request them to compensate for the hardship to be faced at the new place of posting like accomodation or HRA, transportation of household goods, travelling expenses for once to report at the new place and other benefits as in case of transfer as per rules applicable in your organization/Company.
Best wishes for the future.
AK Jain
HR Personnel
21st November 2013 From India, Jabalpur
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