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Dinesh Divekar

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I am working as an Accounts Manager for the past 19 years.
My role was progressive accounting,finalisation of accounts,Balance sheet,Audit,MIS reports,Debtors and creditors reconciliation,preparing and reconciliation of cash and bank books,levy various states and central taxes it's reconciliation and filing of return etc.
Can my employer shift my nature of work to a totally unknown territory like Inventory and Store Management?
In this case what can I do.Please elaborate and how I can take it up legally.

From India, New Delhi
Dinesh Divekar
Business Mentor, Consultant And Trainer
Freelancer In Hr &indirect Taxes For
General Manager
Management Consultancy

Dinesh Divekar

Dear friend,
All along you had been working in the Accounts Department. Your mind and body was conditioned to working in certain environment. This unexpected transfer has made you to lose your composure. Therefore, now you are exploring legal options to protect the territory that you are accustomed to. However, situation merits analysing. Let us do it.
You need to understand the intentions of the management as to why they have done this transfer. Did any scam take place in the Inventory and Stores Department? Has any shady deal come to light? In that case, the intentions of the management could be noble and possibly they wanted to transfer you so that you can overhaul the systems and processes of that department.
Opposite of what I have written also could be true. Your transfer to strange department could be a ploy to make you distraught. Out of this distraughtness, your management could be expecting you to relinquish yourself from the company. Even if you held on, when a person is mentally or emotionally unstable, his/her chances of committing errors could be still higher. These errors create ground to initiate disciplinary action!
There is one more possibility. Has any problem taken place in the Accounts Department? Instead of transferring you directly, is this indirect way to punishing you? We the members of this forum, cannot assess answers to these questions.
Whatever intention of the management behind the transfer might be, there is a scope to excel in the new department. In case if you streamline the systems and processes and reduce the Ordering Cost and Inventory Carrying Cost of the raw materials, your transfer could be boon to you as well as your company. Nevertheless, to do this, you need to master basics of purchase and inventory management. You need to learn ratios associated with this department. But then to reinvent oneself, one has to learn something new!
Look at the CEOs of the company. They deal with HOD of each department. They just do not deal but give guidance also. Why do they acquire this competence? Of course, they spend time in learning about each department.
Lastly, your question is about legally challenging your transfer. It depends on the clauses mentioned in the Industrial Standing Orders as well as of your appointment letter. Many companies mention explicitly that management reserves right to transfer the employee from one department to another, one location to another, one SBU to another etc. If these conditions are mentioned precisely and clearly, then the transfer cannot be challenged, legally or otherwise.
All the best!
Dinesh Divekar

From India, Bangalore
Venkata Vamsi Krishna Patnaik

Dear Anonymous,
You can request the Management to consider your case as your experience and exposure is completely different and at the most they can take another HOD for inventory & stores instead of disturbing your psyche/morale.
Also as suggested by our Senior Mr.Dinesh, please check merits in the new department,SO (standing orders clauses etc) if not interested in the new wing,then take a call.

From India, Hyderabad
Thank you Dinesh ji for your answer.
Yes there is some problem in accounts department,and I have exposed the CFO regarding it to the top management.
There are many mail correspondence to it.
Now the CFO had started to harass me,and want to transfer to another department so that I can be cornered easily.
In this case what can I do?
It's a ploy where the CFO along with few others want to break me up emotionally and professionally.

From India, New Delhi
Venkata Vamsi Krishna Patnaik

Dear friend,
I hope this is a negative strategy by CFO to demotivate you because you have exposed him,why not you try to approach a person above his notch to get the clearance in this matter.
Or else weigh the pros and cons for taking a call yourself,before things get worse.

From India, Hyderabad

I guess it's clearly an internal politics -an indirect one I suppose. As you said you have exposed your superior so if your top management trust you then they should support you for that matter. As I can see, your CFO is trying to change the course of the situation he is into. Instead of finding more about him, he makes a move to transfer you to another department to demotivate you and to have your attention in a different field instead of getting more information about his/your department. Here are my suggestions:
1. Ask for the reason of the transfer -there may or may not have standing orders, still you need to ask. If the reasons are justifiable, think of it as a positive boost in your career to learn something new. Besides, inventory control is not as easy as it seems. It needs sustainability, quarterly reports, and remember that all the money is sleeping in the stores/warehouse.
2. Inform the top management about the case of your transfer, since I guess they know what you have exposed they could at least check/verify it if those were true.
3. Worst case, if there is no support from the top or no valid reasons for the transfer, you might consider to get a new job. This should be last resort.
Best of luck mate!

From Bangladesh, Dhaka

Dear Friend please understand that the change is the only permanent thing in life. Take this change of responsibility as an opportunity and demonstrate your skills in new area too. Do not bother much for the so called internal politics. It is always there and in all organisations. Think that you are being groomed for much bigger role in future.
From India, Delhi

Dear Friend, This situation may be unnerving you, being removed from your core competency and put in an area where there is very little limelight or no light even. You could rightfully feel hurt, humiliated or insulted, your colleagues and peers would be adding to your misery. Now, the legal options which you have sought and available to you are:
1) What does your appointment order say, have you been appointed for only this specific work viz progressive accounting,finalisation of accounts,Balance sheet,Audit,MIS reports,Debtors and creditors reconciliation,preparing and reconciliation of cash and bank books,levy various states and central taxes it's reconciliation and filing of return etc.In that case you can have a case that the transfer is against the terms of your appointment.
2) As a result of transfer, has your status changed adversely, in terms of your position as HOD/HOS, or your salary or the eligibility for promotion etc. By transfer your service conditions cannot be changed adversely.
3) You have mentioned the transfer to be motivated or out of malice and has pointed out the prejudice of CFO, but do you have sufficient material to prove the same in a court of law, which requires evidence. Mind you, bias & prejudice could be easily alleged but proving is rather difficult.
4) The legal principle is that transfer is an incident of service and the courts are reluctant to interfere in them unless malice or malafides are clearly proved and the onus to prove it on the party alleging it. The balance lies against the petitioner in most of the cases.
You may evaluate your chances against the aforesaid principles and if you feel you have a very good case, then you may approach a competent advocate and try your chance. Further word of caution, if you are in private sector, litigation is not suggested in the matter.
Otherwise, take this opportunity as a challenge and show your capability and enthusiasm to work harder and prove your mettle. Or you may look for greener pastures elsewhere and looking to your job profile you have high value. In any case there shall be no regrets later.

From India, Mumbai

Dear Friend,
It is nothing but you have been targeted by CFO of your establishment. He has just cornererd you by removing from your current position to a new department to which you are not even exposed much. Later he might come to action for non-performance in new assignment or dept. What has happened or is happening is not a good sign.
Now you take the charge of the new assignment till a suitable engagement else where. At this hour you required to look for a new enviornment, I know this is a easy task. You need to understand that nothing has happened to the person whom you exposed for malpractice.

From India, Mumbai

If you have confidence in your Will and Skill, Suggest taking a step to move out. Corporate leadership is difficult to be fought back if you are not in management team.
It takes lots of efforts and time prove your point.Under the shadow of poor relationship it is better to quit.

From India, Vadodara
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