Anonymous
Dear All Seniors,
I would like to know can company ask employee to resign or can company take action against employee who refused the Transfer from one branch to another branch evenif it is mentioned in the Appointment Letter?
Kindly revert. I need reply on urgent basis.
Thanks & regards,
Meera

From India, Mumbai
Anonymous
Dear All, Awaiting for your reply. Its really urgent Thanks & regards, Meera
From India, Mumbai
HI
pls mention the transfer or deputation clause which already mention in appointment letter in transfer letter. please issue transfer letter if not received then send it to postal address before taking action.

From India, undefined
If the appointment letter consists of a transfer clause, then the employee is liable to accept the posting, failing which it amounts to disobedience of orders warranting action.Having said this, I advise you to solve such issues on win-win basis as the employee concerned may resort to resignation or stopping to come to office. Please enquire as to why he is reluctant to go to the new place of posting and whether the same can be addressed within the frame work of your policies or discretion.
B.Saikumar
HR & Labour Law advisor
Navi Mumbai

From India, Mumbai
Anonymous
Dear Sir,
Thank you for your guidance.
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.

From India, Mumbai
Anonymous
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. Ineed your assistance on an urgent basis.
Thanks & regards,
Meera

From India, Mumbai
Anonymous
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,
Meera

From India, Mumbai
This may take the form of an industrial relations issue.What I understand is that the transfers are not in the natural course of administrative need but out of compulsion of shifting the employees from Goa to Mumbai and probably you would be closing the branch there.If you blame the employees for slowing down the work, you have also your share of blame in not paying salaries to the employees for having worked.Then how you defend your action? This is an industrial relations issue and try to solve it amicably by talking to them across the table and exploring various peaceful options including offering the option of resignation to willing employees, instead of rushing to do something hasty that may lead to industrial dispute.
B.Saikumar

From India, Mumbai
Anonymous
Dear Sir,
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,
Meera

From India, Mumbai
Madam,
The issue of delay in salary payment and action of resort to strike by Goa employees is over now.
Law provides punishment to erring employees if any lawful order is not complied. As a business strategy, if Goa operation is not viable, what can you do with office , assets and staff there.The employment terms / service Rules must have a Transfer clause also, please check and issue Transfer letter citing reference of said written clause.But before transferring personnel, you should be carefully doing a strategic planning and then act on transfer.Whether operation at Goa is to be closed for all the time or it is temporary phase ,if your management need some time to make assessment on wait and watch formula for few months. If so, in this situation, your management should not transfer and unnecessary disturb employees and invite Indl. relation problems. If you do so, employees will approach labour court, or tribunal, labour department and suppose dispute is going on then, during pendency of any industrial dispute before court, tribunal, labour conciliation , you can not change service conditions without prior approval from respective authority., where dispute has been pending, That is restriction and takes a route, time as well.
Regds,
RDS Yadav

From India, Delhi

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