Rkn61
Hr Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
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Asso.prof.(commerce & Management) Pg
9871103011
Private Consultant On Labour Laws
Ashutosh Thakre
Hr Professional
+1 Other

Dea all,
I work in an office in one of public sector bank.. I got pomoted to manager and my new place of posting is Punjab Faridkot..which is very
far from my current location Bhopal . So I refused the promotionn..first I want to ask u can one refuse promotion .. is this right?
Secondly I want to ask about the transfer letter, I recieved from controlling office in which they write these words" as such you stand automatically relieved immediately with instruction to report at ur new place of posting."
I want to ask and discuss .. the use of word automatic is correct with human employee .. when an employee can not join automacially then how can he be relieved automatically?
15th August 2014 From India, Pune
Dear Tarun,
Any Public Sector or Govt employee has received a appointment letter, which clearly states that he can be transferred any where in India for their job, which has already been accepted by you.
You as an employee has the right to say no to a transfer, but then remember that till the govt. does not have a vacancy that interests you, you will be on a forced leave without pay or minimal pay. Again as per the transfer letter, the head office automatically releases you and the person coming in your place is given the handover.
In HR in the Govt. this is very very normal and has always been an accepted norm from long. (Still not accepted in Pvt.)
Therefore if you have rejected an transfer, you may be at home for sometime, till the govt again nominates you to a place.
Regards,
Ashutosh Thakre
16th August 2014 From India, Mumbai
Dear Tarun, As per appointment letter,You have to accept this by force or without force.
16th August 2014 From India, Vadodara
When you accepted an Appoiintment letter, it is inferred that the terms & conditions governing your category of employees in
the company (here it is public sector Bank) is also accepted by you in letter and spirit. So also the clause of transferability.
Employer can transfer his employees anywhere and employee is bound to accept such order. Here is the case of
promotion with transfer. Management is reposing more confidence on you and in turn,, you could make every endeavour
to contribute more to your employer. When you accepted this order, you have no other alternative but to hand over
charge to your reliever (as fixed by the Bank) in your current location and take charge in your new location.
Thanks. R K Nair
16th August 2014 From India, Aizawl
Dear Tarunisarya,

It's in vogue that in most of the organisations operating in more than one state transfers cannot be refused as there always used to be a clause in the apptt.letter to this effect. There is no option available to the employees. You can as well check your apptt.letter for confirmation. The legality of such a clause has been upheld by various courts including SC. However employee can exercise their option to decline a promotion order attaching a consequential transfer only to some extent. Many ladies refuse such promotion transfers in order to ensure they are not transferred out of their state or place of domicile. This is common in banks especially Public sector banks. But ' automatic relieving ' without formal handover of charge in banks is not taking place commonly. Yours is an extraordinary instance I hope. However you might as well submit a plea to the authorities concerned or thru' your union to post you to a nearest place, if not to retain in the same place, on some convincing grounds which you might explain in detail therein with documents to support your plea in order not to forgo the hard earned promotion.
18th August 2014 From India, Bangalore
Hello Tarunisarya,

While I am no expert on Govt Rules & Regulations, I can still make a couple of observations.

Like the other members pointed-out, you have ALREADY given your OK for transfer to anywhere in India, based on the Bank's transfer Policies, when you accepted the Appointment Letter & joined this PSU Bank.

You should have thought of the distance between Bhopal & Kashmir/Kanyakumari/Kutch/Nagaland--since technically you could be transferred anywhere between these extremes of the Indian Map--when you signed & accepted the Appointment Letter.

Coming to the key observation/inference, like Kumar S mentioned, your case does seem to be 'an extraordinary instance'--w.r.t. the 'automatic relieving' clause in the Transfer Letter.

Are you being very frugal with the Truth--meaning, are you HIDING the ACTUAL background of your case, and only mentioning the current scenario?

Generally, Transfers with such conditionalities happen ONLY IF the concerned employee has repeatedly stonewalled any earlier transfers--by any means.

What's the Background in your case?

And I think its also important to remember that 'proximity/distance' from home-town IS NOT an excuse/ground to refuse transfers.

Rgds,

TS
18th August 2014 From India, Hyderabad
Dear Tarun,

First of all please check the terms & conditions of your appointment letter as well as the company's policy on promotion ansd transfer. Once you do this,many of your queries will be answered. Each company has their promotion and transfer policy,which may vary from comany to comany but the companies,which has their are opreations on all india basis will be more or less same.The companies have powers to tranfer any empoyee at their discretion.You have to again check the Co's policy on refusal of promotion.It all depends some of the companies debar the empoyees for a period of one year other may take disciplinary action for the refusal.I do not see anything wrong in using the word automatically. The use of this word is made where promotion follows the transfer.Instead of giving two seprate letters,one for promotion and another for transfer,it is a composite order for both.Sometimes it is mentioned that you are promoted as manager and stand automatically transferred to Faridkot.

My advise is that please do not refuse promotion and may be after some period, you can make a representation for transfer or may be that you can find someone agrees with you for mutual transfer.Equally I want to share my experience that one should never accept promotion in-situ because the persons who have grown up with you, will not give you the respect on promotion rather treat you as part of them.

BS Kalsi
19th August 2014 From India, Mumbai
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