Anonymous
Dear HR Professionals,
Need your help .. If an employee has been issued transfer order post the discussion with the HR but the employee has outrightly refused to accept the transfer and is also not willing to resign . The HR has also shared the reason for transfer but all in vain . The employment terms includes : Transfer clause as well
Can termination/ discontinuation of Service be done in this case ?
Can some one share the format of termination letter
Regards,
Khushbu

From India, Pune
No Employed Person is Terminated without giving Him/Her a Reasonable Opportunity to denfend his/her Action i.e. in this Case, his/her Refusal to accept Transfer Order and Resume Duties at the Place/Location/Job Location to which s/he has been duly Transferred without affecting his/her Emoluments & Terms of Employment.
This is done by Issuing to him/her an Show Cause/ Explanantion Letter/Charge-Sheet, asking him/her to submit written Explanantion/Reply as to WHY Necessary Further Disciplinary ActionSteps shuld not be taken for Act of Misconduct of Refusing Managment's /Employer's Order ( Which need not be Arbitrary); Holding Internal Inquiry in accordance with the Principles of Natural Justice; Giving all reasonable Opportunity during Inquiry Proceesings to defend his/herAction and the Evidence, if any adduced against him/her and in support of the allegation/charge and then the Punishing Authority Applying his/her Mind" to Award Proportionate Punishment for proven Act of Misconduct.
What If, the settled & prescibed Procedures are Not Followed ? For mala-fide intent or violating/denying Natural Justice or Disporportionate Punishment or an Arbitrary Act or Perverse Inquiry Findings etc, the Judiciary is likely to Reverse the Management's Order if found to be Wrong, illegitimate, Unlawful and unacceptable.
Let Wisdom, Scruple Prevail.
Kritarth Team,
27.11.18

From India, Delhi

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