Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Stephen_7
Senior Officer - Hr
SAIBHAKTA
Retired From Air India
Nirmal19
Banker
+2 Others

Thread Started by #nirmal19

Dear Sir,,I work for a reputed bank for the last 1 year and yesterday received a mail from hr dept for my transfer from one branch to another branch which is a far of location.i have spoken to my seniors about it and have expressed my inability to join due to personal issues.as confirmed by my seniors they have mentioned that it a promotional transfer and hence its mandatory to adhere the same.Is there any law through which i can decline the same
Have also escalated the concern to hr dept department but still to receive a revert on the same.
please guide..
11th October 2016 From India, Pune
Check in your appointment order or the employment standing orders of your organization about the transfer clause. If your appointment order has that transfer clause and you must have accepted it at the time of joining, so you are bound to obey to company's transfer order.
If you are class 4 employee like a sweeper or peon, you can challenge that in court or labour department. But if you are in an executive position, you have to obey to that transfer order, or else you will be considered as an unauthorized absent from duty and leads to dismissal.
After last working day in the current branch, you will be considered as an employee of transferred branch from next day. Your jurisdiction changes to that branch.
You may bargain and get some extra benefits like free accommodation for some period, food and logistic expenses etc from your organization. But ignoring that transfer order may lead to dismissal.
12th October 2016 From India, Chennai
Dear Nirmal,
Transfer is an incidence of employment. It is the employer's prerogative to be exercised in the interest of the organization or on exigencies of the business of the organization subject to the service rules. Therefore, inconvenience of the individual employee can not be an excuse. Moreover, your post indicates that it is not a routine transfer but the one on your promotion. So, you can not refuse to obey it on grounds of personal problems. At best you may consider relinquishing promotion in this turn in order to avoid the change of place.
12th October 2016 From India, Salem
Dear Nirmal,
Generally, in all type of appointment letters, there is a clause for transfer from one branch to another, from one seat to another or from one place to another without adverse affect to total emoluments or post . Particularly , for appointment in banks such clauses are specially mentioned. Further, transfer is an employers prerogative and he can transfer an employee on exigencies, on promotion etc. Hence, you can not deny the transfer. Not honoring the genuine transfer orders will make you liable for disciplinary action.
13th October 2016 From India, Chandigarh
Dear Nirmal,

There are three answers to your query, which are sufficient to clarify your situation and options.

The purpose of my writing is different. I assume, you are not in Class IV ( Peon or Messenger)category. The question is , why should you decline a transfer ? You are with the bank for just one year and they have considered you for a promotion.By declining, you are creating a "negative" for yourself. You should know that in several professions, people are transferred every 2-4 years - from defense services to IAS / IPS / Construction Projects, banks, and so many other departments. And people move. It appears, you are young. You should be prepared to go anywhere. If your wife is also working, then you need to take a call, who will adjust. Moving to places enlightens you, broadens your thinking and adds to your experience. Don't create or imagine flimsy reasons for not going out of Pune. Come out of your comfort zone and take the challenge. Else, be satisfied with a below average career. I don't know, which location you are transferred to. But, suppose, you were transferred to the bank's London or Tokyo branch. Would you have declined on the same "personal" grounds? Most likely, no.If it is a rural posting, then also you should take it. Somebody has to serve the rural population too. If everyone declines, then who would go there ? If soldiers decline to go to Siachin or Kargil, what will happen ? I strongly suggest, accept the transfer and go happily with pride.E
13th October 2016 From Qatar, Doha
If you have agreed to the terms and condition of the employment you have adhere to it or else quit the job, legal will not help you further
13th October 2016 From India, Ahmadabad
I agree with the adfvise given my Shri Umakanthan and PKNilosey.Though transfers are sort of unsettling , in the long run they are beneficial - career progression and general broadening of one's outlook.Moreover once you reach the place you are transferred to you will find your colleagues/new aquaintances coming forward to help you.It would be a great learning experience , believe me.I am a retired man now and in my career of 34 plus years I did seven transfers.In those days there were no mobiles/internet so one was actually 'far away ' .Now times have changed and communicating with your near and dear ones is so easy ! Lastly this transfer will not be permanent.After a year or two you can apply for return to Pune.Then it would be quite a legitimate demand.So, go ahead .Heart within and God overhead.ALL THE BEST !
14th October 2016 From India, New Delhi
Dear NIrmal,
There is no law through which you can decline your transfer, as that is one of the implied main conditions of employment. Any employment is not self-driven event.
However, to cancel transfer is a matter of discretion of the competent authority on specific request of the employee. You may try to convince the management about your problem. Distance, of course, may not be considered as your problem by the management.
14th October 2016 From India, Delhi
Transfers are inevitable in the service especially in Banking Industry.Arbitrary transfers should be condemned and fight through your Union. If it is strong a comprehensive Transfer policy must be in operation.Consult them.
Legally management is having a right to transfer you anywhere in India or abroad without enhancing the salary. This is one of the service condition stipulated in the H R Manual.
17th January 2017
Declining transfer would entail insubordination tending to indiscipline, which warrants for disciplinary action against the employee.
18th January 2017 From India, Delhi
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