Shivangi rajput
Dear senior, Greeting of the day...
We are transferring our one permanent worker from one unit to another state unit who is working for 15 years of our company, but he denied to go due to his family problem...
Now he file a complaint in labour deptt, for stop the transfer, so my question is to our senior can forcefully transfer our permanent worker under Labour law...

We have not issued to him any kind of appointment letter for joining but enrolled in our muster roll with PF, ESI, Bonus.

Please clarify.

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Vmlakshminarayanan
Sr.manager - Hr&admin

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vmlakshminarayanan
462

Hi,

Without any document how the worker got placed? If you have some document like appointment order with a clause that Company reserves its right to transfer its employees to any of its other branches /unit then you can justify the transfer.

From India, Madras
Shivangi rajput
then what is the legal liability and compensation liable of employer to worker under labour law ...
From India, Pune
umakanthan53
5943

Dear Shivangi,

It's an indisputable Judicial dicta that in the realm of employment, transfer of an employee is an incidence of service and the employer has the prerogative to decide in the interest of the organization who has to work where and how long without detriment to the status of employment and other service conditions of the concerned employee.

However, the power of the employer to transfer his employee is not an unbridled one. Particularly, the provision for inter-unit transfer of employees among different units of the same organization situated in different States should find place in the certified Standing Orders of the establishment or service regulations OR in the appointment orders of the employee concerned. If not, it will not stand Judicial scrutiny when contested by the employee on grounds such as colorable exercise of power, victimization etc.

Check these things please.

From India, Salem
Suresh Rathi
82

I agree with Mr.Umakanthan.M
We transferred staff from one factory another.
In so far appointment letter is concerned , wages payment proof is sufficient to establish date of joining as well employer employee relationship.
Appointment letters can be issued now also , which in my opinion , should be done.
Col.Rathi

From India, Delhi

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