Anonymous
Hi All, One of the employees is good at work but he is involved in a personal affair with the daughter of the landlord, where 30 other employees are staying also which is impacting a lot indirectly to all. He is creating a negative vibe and pressure is on all leaders. It may go up to a police case.

In this scenario, we are planning to transfer him to another job location and this will be the last chance for him.
The decision taken by us is right or what measures could be taken against him or on the landlord.

From India, Bhubaneswar
Dear member,

The cause of the dispute mentioned in the first paragraph is not clear. It is written clumsily.

However, the employer reserves the right to transfer the employee to any location. The transfer clause is generally mentioned in the appointment letter. Therefore, check the terms and conditions of the employment mentioned in the appointment letter issued to the employee.

Secondly, do you have "Standing Orders", duly certified by the labour authorities? If yes, then check whether or not the condition of the transfer has been mentioned in the orders. If mentioned, then on the strength of the orders, you can transfer the employee.

Nevertheless, your savoir-faire in dealing with the matter overrides the legal position. While handling the issue, your skillfulness lies in ensuring that there is no backlash from any quarter.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear friend,

Your narrative is not elaborate enough to make the readers grasp the entire incident and its impact on the industry and its other employees. If the employee has any illicit affair with the landlord's daughter where he and other employees reside, it is an issue involving his behaviour outside the zone of his employment. How can it affect your establishment or others who also share accommodation? Admittedly, the employee has no issues within his employment either performance wise or behaviour wise. Then how would you proceed against him? Is there any nexus between his outside conduct and his employment? Whether the woman made any complaint against him? Besides, on what basis you intend to take action against the landlord too - either against his alleged connivance or countenance? Even if it is so, the employer has no locus standi to do anything against an outsider. The statement that he is creating negative vibes and pressure on leaders is very vague and seems contextually irrelevant to me. As a human being nobody can be a paragon of all virtues.

The employer is not expected to do moral policing of his employees all the time. If the alleged illicit affair, even though not complained of by the landlord himself, creates a sort of negative vibes on the part of the employee's in mates, had they made any complaint to the Company either formally or informally, whether the HR people conducted any discreet inquiry or counseled the employee are the pertinent questions to be answered by the management before or after a punitive transfer is ordered. Even though transfer is an incidence of service and the service regulations permit it, " transfer by way of punishment is not permissible " is the dictum of the Supreme Court of India vide its judgment in State of U.P v Jagdeo Singh [ 1980 (2) LLN 258 SC ]. I infer that there should be some personal politics among the workmen who share the common accommodation. If it culminates in any criminal action by the Police, let the perpetrators face the music.

From India, Salem

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