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Dinesh DivekarDear Suresh,
Employee transfer is internal matter of your company. Therefore, policy has to be customised.
While transferring employee please take into account employee's willingness also. I say so because I found in one of the companies, employees when transferred forcibly, they quit the company. Therefore, while filling vacancy at one place, company ended up creating in two vacancies. Finally MD issued order not to transfer forcibly.
Taking employee into confidence is necessary while transferring from one place to another. This is applicable even while promotion also. Conveyance is major problem in most of the cities. Therefore, employees when transferred, take into account the distance that they will be required to commute from home to their workplace. They resist the transfer on this count also.
Transfer policy will depend on the nature of the business, how fast employees get the promotion, extra remuneration that they get along with the promotion etc.
From India, Bangalore
AnonymousTHIS KIND OF TRANSFERS ARE JUSTIFY IN COURT OF LAW IN PSUs.
(Under control of President of India & state Govt.)
Followings are appointment letter clause s(appointment letter is a mutual accept not legal document signed in judicial paper)
1.clause:.GM-engineering is transable to any department in medicine making co..?
If above is OK..
He can be transferred as GM-mrkg..?
(Selling medicines to local chemist)
2.PSU employees can be given to any designation/any functional responsibility.
If above is OK..
Reporting officer (GM-marketing) can assign a medical representative functional responsibility (by role now I am workman protected by law..? can join MR union..?)
At Assam state, where company do not have any office/establishment..(in future company may have stockist office by sharing with co.) made him work from home..daily local doctord visist reports sent by reg- post are treated as attendance not email sent by employees personal email ID(as company do not given company email ID since they do not have infrastructure)
When ever if, unknown postal delay marking attendence as LOP(loss of basic+DA+++),hence reduction in pay package.
Request senior to guide,how to deal with un ethical transfer system as per appointment letter.
Even company obtianed confirmation from HC w.r.t appointment clauses are legal can imposed any time on any employee (to stisfy the personal hate on employee, even records are clear & not even once charge sheeted in 8 yrs service.
Public sector company (Govt of India under taking)
Transfer to GM-marketing with out staff & infrastructure of compny(refer earlier abv post).. AGM level with 25yrs experience (age53) ..company is expecting to sell medicines by meeting various doctors& chemist,reducing salary based on delay in postal daily reports receipt from Assam to Bangalore (email are deliberately not considered for attendance to reduce salary)
Is this not a malsfide transfer by giving Medical representative function(As a GM-marketing role infrastructure would made me contribute)
If no..I why company/one need qualification (mechanical engineering)
Why company is employing experienced staff in relevant field while inducting? & later misusing on hate politics &
Termination using appointment letter (not legal bond)
Clause.. that any employre did not work more than 10 days,by creating record as absconding... With out conducting enquiry etc...please guide me for leagal solutions in HR Angle.
A reporting officer threatening to further low grade function as "attender"..seriously violation of human rights & right to work as engineer.
(If this transfer are not malsfide.. I would say a HC Judge should to transred as police constable as govt is paying Judge salary more over both now knows law & order? In my case I am mechanical engineer do not know lifesaving medicine.. Technically unfitt.?)
From India, Bangalore
You have raised an issue quite close to my heart and about which I had a long drawn struggle with the top management of my organisation (a CPSU) and might have paid a price too , in terms of denial in career progression.There was a policy whereby male/female employees recruited under identical terms of appointments were treated discriminately for transfers.Male employees ,except union office bearers, were forced to go on transfers irrespective to whatsoever difficulties they faced at home, whereas female employees had a blanket exemption , unless they opted for it ! Nobody in the top management bothered about how it affected employee morale and his performance (as front ranking staff in a service sector).All my arguments fell on deaf ears but I kept on fighting for justice.Finally I got a reply from Dy M.D. that the transfer policy was as per understanding with the union.How could there be an agreement violative of fundamental right to gender equality enshrined in the constitution ? But to silence me forever the Dy M.D.'s letter said that they are now closing the correspondence.It implied that if I persue further then disciplinary action would be initiated against me on any flimsy grounds just to harass me.Such dictatorial way of functioning of the management , in almost all spheres of HR , has plunged the company in neck deep losses and reduced it's market share from once a monopoly to less than sixteen percent ! The company is now surviving on bailout package of tonnes of taxpayers money.
From India, New Delhi
Transfer is an incidence of service in the realm of employment. The power to transfer is considered to be a prerogative of the Employer based on the general premise that the employer is the ultimate judge to decide who is to work where, when and how long depending upon the exigencies of work. Transfer can be inter-departmental and inter-unit depending upon the nature of work/responsibilities assigned, size of the establishment and at times at the request of the employees too. Even in the absence of necessary clause in the Standing Orders, transfer can be effected as per the condition so stipulated in the appointment orders on administrative grounds or work requirements. Unlike in Govt. service where employment is a matter of status and not private contract, in the case of private employment, employment is a matter of bilateral contract wherein transferability is a matter of mutual agreement as well as an implied term. To put it otherwise, in the case of employment under a private employer with a single place of employment, transfer is not ordinarily possible but in the case of employment under an employer having branches in different places, taking up employment under such employer implies transfer as a condition of mutual agreement.. However care should be exercised while effecting transfers that it is not a colorable exercise of power so as to indicate malafide or unfair labour practice or victimization. Hence the corresponding natural question would be whether any office-bearer of a trade union can be transferred. Trade union leaders or office-bearers can not claim any immunity from transfer. Since transfer is a concomitant of every service, normally Courts, as they are not appellate forums to decide on transfers effected on administrative grounds, would not interfere with orders of transfer unless and otherwise it is proved to be malice. Hardships or inconvenience to an employee as a result of a transfer are not matters for the Courts to consider but for the management in the interest of good and efficient administration. Otherwise, heart-burns like the other members pointed out would eventually arise. So, take into account all these things while formulating the transfer policy of your establishment.
From India, Salem
suresh varughesethanks to all. I am facing typical problem. management want to do cross functional transfers, some times it as penalising. want to know legalities. Can I move an advocate of leagal department to Business development only because of there is opening and having excess manning in legal.
From India, Mumbai