Dinesh Divekar
Business Mentor, Consultant And Trainer

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Dear All,
Please suggest on that above matter when employee is not reported to the transferred site within stipulated time and he is refusing transfer order and want to continue with same site.
T. Singh

Place a copy of the transfer order in the notice board of the branch where he is working. If the order of transfer is not accepted send it by registered post to his permanent and present address. After receipt of order by him or when the registered post is refused treat him as unauthorized absence. But for all these to happen there has to be someone senior to him in the branch who would enforce this. If by mistake he is allowed to work in the same branch or some other branch you will not be able to treat him as absent.
Dear T Singh,

On reading your post, following questions occur to my mind:

a) Do you have approved standing orders? Not accepting official communication is misconduct under the provisions of the standing orders.

b) What about appointment letter? Have you inserted clause stating that employee(s) could be transferred subject to the requirement of the administration of your company? Few companies also insert clause on compulsory acceptance of the communication.

c) Why employee is refusing to go to the new site? Have you investigated the reasons? Have you spoken to him? What is his stand?

Solution: - If you want that employee must work to the transferred site, then you may call him to the HR Department and issue him a transfer order. Tell security to record your video conversation with him. Apprise him that refusal to accept official communication, refusal to go to the transferred site is misconduct and disciplinary action could be initiated against him. Tell him that his entry at the present site would be blocked. This will be a final order. Whatever type of behaviour of the employee shows, tell the security at the existing site to prohibit entry of the employee in question.

Final comments: - In many companies, before issue of the transfer order, employee is called and taken into confidence. Transfer order is only issued if the employee is willing or persuaded to accept the transferred location. Occasionally it is observed that employees who do not wish to get transferred for whatever stake they may have to work in the existing workplace, just resign from their job. This creates a double vacancy. At the existing workplace/site because of the resignation and at the transferred location because nobody goes there. Since forced transfers increase the cost, many companies do not push transfer through throats of the employees. While nothing wrong in being disciplinarian, you need to strike a balance between discipline and people-orientation.


Dinesh Divekar

Dear All, Thank you very much for yours valuable suggestions. about the refusal of transfer order by the employee and its solutions T.SINGH
Dear Sir,
We have Sales Outbound process and last 1+year our Goa branch is running in losses. So company delayed the salary for 7-8 days due to shortage of funds which was communicated to the employees. But in this month employees went on strike for 1.5 days and when my Directors rushed to Goa and explained the things and assured them that salary would be paid but it may get delayed and company need cooperation from employees, then they started dialing. But after that whole team slower down the business and started giving less comparative to the previous months. On 23rd January our Sales Manager in Goa resigned with 1 month notice.
For the ease of Business my Directors decided to move whole unit to Mumbai.

So we have gone to Goa and communicated personally to our employees about the same. We informed them that when they will shift in Mumbai company will provide them travelling allowance and 3-5 days stay in hotel so that they can search for rental house or PG. If more employees are willing to come and join us then company can think about providing them accommodation also.
Employees were agreed but the Manager provoked them for not to signing on Transfer Letter so all employees refused to sign Transfer Letters.
I would like to know can company ask them to resign if they canít move in Mumbai and process is already being shifted here? What would be the next action company has to take? Is company liable to pay 1 month extra salary to them evenif employees they have intentionally slower down the business and in this whole month they have not given business?
Please reply. I need your assistance on an urgent basis.
Thanks & regards,

Also can company sue them for breach of Contract as Transfer clause is mentioned on their Appointment letters and they have agreed and signed it but now refusing to get transferred?
Please guide.
Thanks & regards,

We have paid the salaries but it got delayed by 7.8 days. We moved the process here for ease of business so that they can be monitored and guided properly for improvement. Also as they have slower down the business and company is not earning sufficient amount to pay salaries, transportation,electricity, rent etc so at least can save the operational cost, so instead of shutting down we have given them opportunity to come and join us in Mumbai so that their employment can be continued.
But they have refused the transfer. I would like to have guidance on what is the next step company has to take?
Kindly reply.
Thanks & regards,

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