Dear Seniors, We have transferred one of our employees to our sister concern organisation due to exigencies services, but he is rejecting saying that his medical condition is not ok to move to another area. What can we do further? Kindly suggest.
From India, Anantapur

Get Empowered With Critical Leadership Skills That Drive Change →
Promoted: XLRI Leadership & Change Management
Hope you have announce the transferred before hand and tried to understand if employees are comfortable with it. If not, then you can do it now.
Many a times employee refuse it due to benefits, continuity and other stuffs.
You can ask for Medical certificate from employee and see till which period he is not allowed to travel.
Discuss it with your management and decide accordingly.

From India, Pune
Though the learned contributing member "Your Friend" reached to the bottom of the problem of inter-company transfer of employees under the garb of "sister company concept" by hinting at the reason for refusal in the second line of his reply, his suggestion to seek medical evidence for the employee's reluctance or inability to comply with the transfer orders seems to be superfluous like that of treating the symptom rather than the disease itself.
In the first place there is no such legal term "sister company" under the Companies Act,2013 thereby creating any legal inter-dependence or commonalty of day-to-day operations between two or more companies but it is only a colloquial usage to refer to the other company/companies in which the owners of a particular company have a substantial ownership stake and hence higher degree of informal administrative control. Hence, ipso facto, such a practice cannot alter either the status of their independence as separate legal entities or that of the status of employment of the people hired for a particular company.
Therefore in the absence of any formal agreement between such companies facilitating inter-company transfer of employees among themselves on work exigencies with explicit terms protecting the service continuity and conditions of employment of such transferees with simultaneous incorporation of the condition in the appointment orders, such an orders of transfer would be illegal.

From India, Salem
If the transfer is one of his terms and conditions stipulated in his letter of appointment or standing orders/service rules, then it is a misconduct and you can initiate disciplinary action against him. The disciplinary action should be initiated from the office where he was to report on transfer.
- Shobhit Kumar Mittal
Industrial & Labour Law Advisor

8077779793, 9319956443

From India, Faridabad

Dear Mr, Shobhit Kumarji
Once an employee is not at all accepting his Transfer Order and not getting relieved from the present location of work, how you can expect the New workplace Office can initiate action against the employee?
First of all the present location should ensure about the relieving of the employee. If he gets relieved from the present workplace, then the new workplace management can initiate disciplinary action against the incoming employee, that too for late reporting and not for not turning for duties.
Hope my argument is correct. If not please correct me...….

From India, Kumbakonam

Dear My Friend...
Normally the transfer is effected to fulfill the requirement of the workplace and not the comfortability of the employee. If the service of the employee is unavoidable at the new location, he must move on to extend his service and he cannot deny. If he is medically unfit, then it can be for some specific period and not permanently. If he is unfit in new workplace, then his vacancy in the old workplace can be made redundant and he can be terminated.

From India, Kumbakonam
Thank You all for your contributions.
From India, Anantapur
The facts posted suggest that this is a case of fresh employment in a different firm than a case of transfer. To my knowledge, the action appears to be improper in the absence of express consent of the employee concerned and also that his rights and privileges in the current employment being protected.
From India, Kochi

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply →

About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 CiteHR.Com™

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server