Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
SAIBHAKTA
Retired From Air India
+2 Others

My sister working as on roll job in a Private Sector. She got an email on 23th Aug. 2016 mentioning Transfer letter w.c.f 01st Sept. 2016 to another state which means she has to report within 7 days. I want to know -
1) what should be the minimum intimation period from employer in such case?
2) Is she have right have compensation from employer, if she don't accept transfer (joining new location)?
24th August 2016 From India, Jaipur
Dear Manish,

You have written about your sister's transfer, however, some other information is also required.

She is transferred from which location and where she is told to report? Generally before issuing the transfer orders, employee is taken into confidence. Therefore, did GM or VP intimate about her transfer? Is it permanent transfer or temporary one?

Many companies insert clause in the appointment letter stating that the employee will be transferred from one location to another for the administrative reasons. Is there any such clause?

If the distance between two duty stations is more then she can ask for more time. By the way, how she will travel? By road, by rail or by air?

If she is is given transfer order out of blue then two things emerge. One is that the top boss is whimsical. If this is not the case then possibly her relations with her Manager or GM might not be good and issue of transfer order is a ploy so that she puts up her resignation.

When employee is transferred to another location, employee can raise TA/DA claim admissible to his/her designation. She may go and talk to HR and obtain further information.

Thanks,

Dinesh Divekar
24th August 2016 From India, Bangalore
Dinesh Divekar Sir,

1) She is on payroll in this company in Rajasthan (Bikaner city) State. Working here for last 8 years and now she has been informed to be located in Haryana State (Panipat).

2) Appointment letter has a clause mentioning that 'employee can be transferred to any location in India or in any subsidiary / sister concern company. But not mentioning 'any notice period' about this.

3) In the first week of this month, she was informed by her HR manager over telephone that company is going to close this Bikaner Branch office soon and whole operation of this branch will be controlled by another branch (i.e. SriGanganagar city).

Note: my sister do not want to go to panipat city (another state). So only one option is left which is resignation. In this case -

1) can she have one month to stay in this company because according to appointment letter - 'the job termination prior notice is one month from both side' ?

2) or can she claim one month salary (or any other compensation) for this sudden loss of source of income after continue work of 8 years ?

Thanks
24th August 2016 From India, Jaipur
Dear Manish, You have not mentioned about the Company where your sister is working and in what capacity, how many workers are there and what are their products, besides the location where she has been transferred is their factory or branch office. You have also not mentioned since how long she is working in this company. Any way, the Employer cannot transfer in such manner beyond 15 kilometer from present job location. But this is all laws in books, reality is she now facing. This is indirect termination. Better she should either resign from the job, else complain to the area labour inspector, under asstt. labour commissioner against the transfer, in this process, she might have to face so many hardships, for which she will have to be ready, else to find job some where else and be in peace.
24th August 2016 From India, New Delhi
Dear Manish,
From your narration in your latter post, no malafides can be attributed on the orders of transfer by the Management issued in such a short notice. When the HRmanager informed her during the first week of the month itself about the impending closure of the Bikanir branch, your sister could have requested transfer to anyone of the nearby branches of the company or in case of no such option, could have submitted her resignation immediately so that her notice period gets served. No purpose would be served by making any complaint in this regard. Better, she can ask for waiver of notice if she is determined to resign.
24th August 2016 From India, Salem
I Agree with Umakanthan.

1. Look the relationship of your sister with the Company is more than 8 Years.
2. The Company is going to close it's operation at Rajasthan. Hence, they may terminate with the notice period
clause. But it is not so. They are transferring. Giving a fare chance to stay with them.
3. The Company might be thinking that, Your sister is at the capacity/capability wherein she fits for Panipat.
4. Check the understanding between Reporting Manager and your sister. If it is not good then it might be a punishment
posting generally happens in many Companies. Either you accept or you can choose to opt out.
5. In such cases fighting with Companies doesn't give any advantage of wining. Even if you win, you will remain as a
bad boy and chances of getting next job is also difficult as nowadays employee's verification process is very
prominent in any established Organization.

So, take a re look to the situation and understand very clearly why this happened/happening. You will get the way to act further.

Regards'
PS
25th August 2016 From India, Bangalore
HI we have submitted the application LIC for group gratuity scheme for our Nonprofit organization and now as a second step we need to submit all the documents which are submitted to LIC along with "Scrutiny Sheet" Can any of you clarify what this scrutiny sheet is and also send help us in sending a copy of this sheet to me by email id - satish.search.gadchiroli@gmail.com
26th August 2016 From India, Ribandar
Dear Manish,
Transfer is condition of service, which can be any time and without any notice. Employees working in a company which has business in different states, have to keep ready to proceed on transfer. So, the replies to your questions are as follows:
1) There is no prescribed minimum intimation period from employer in such case. Compliance has to be made as per the implied conditions of transfer order.
2) She does not have any right to claim any compensation from employer. Acceptance or denial of transfer does not fall within the discretion of the employee. The employee has to comply with the order of the employer failing which she can face disciplinary action as can be initiated by the employer.
26th August 2016 From India, Delhi
Dear Manish,
While I agree with the views of Shri Umakanthan and Shri Dhingra , one question comes to my mind.What the company intends to do with other employees ? Are all of them leaving or some of them are getting relocated ? If it is so then what criterion has the management adopted ? If some employees are going to nearby branch then your sister may request for some such branch.Why give up so easily ?
27th August 2016 From India, New Delhi
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