Anonymous
Greetings everyone.
I have few query related to Corporate employment transfer rule. It would be grateful if someone from the team helps me seek one.

I am working with an organisation for past 15 years now as a Manager in my hometown which falls under tier II city. My salary structure and city allowance is as per Tier 2 city. I own a house and my father stays with me here. Hence i don't need to pay any house rent other than the home loan.
Now suddenly management has decided to transfer me to another city which falls under Tier 1 city within 15 days' notice and they are restructuring my salary for the new city expenses. Also, they are not providing me any accommodation.
I had requested them to at least provide me with a suitable house rent allowance but they are disagreeing to pay me the same.

The salary which I am getting here in my hometown is already too less. How can they expect me to run my expenses with that salary in a Metro city like Gurgaon/Mumbai?
This is a way of forcing me to resign as they can't terminate me since i had worked with the company with honesty and dignity.

I need to know what sort of action they can file against me if I reject the transfer order. Or is there any other way to verbally/legally deal with the situation?

From India, Bardhaman
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmlakshminarayanan
Agm - Hr&admin
Rkn61
Sr. Hr Manager
Kamlesh111
Vice President Employee Relations,mumbai
Aussiejohn
Workplace Assessment And Training

vmlakshminarayanan
919

Hi

If you check your appointment order there should be some clause related to Company's right to transfer you to other Branches. Transfer order is Management's decision on the grounds of business requirement. If you disobey the transfer they will initiate disciplinary action on the grounds of insubordination. Yes it is indirect way of asking employees to leave. Now you can to talk your superior write a request letter to reconsider saying you need to take care of your father. How they will respond is their call. In case of no positive reply either you need to accept transfer or look for new job.

From India, Madras
aussiejohn
658

The only people who can tell you what action they might take in this case is YOUR EMPLOYER.

We do not work for your organisation, so we have no idea what your management might or might not do.

Discuss this matter with your HR people.

From Australia, Melbourne
kamlesh111
10

You are governed by your employment terms, which may include a transfer clause. You can request the Competent Authority to reconsider the Management decision on humanitarian grounds. If you do not succeed, then you are bound to honour the transfer orders otherwise you may lose your job. You do not have any legal remedy available to you.

Regards,

Dr Kamlesh Agrawal
Mumbai

From India, Delhi
rkn61
624

Rejection/Refusal of a Corporate Transfer Order is an act of misconduct, insubordination and
an act which is subversive of discipline and good behaviour at Works and shall attract disciplinary action against you.

From India, Aizawl
PRABHAT RANJAN MOHANTY
581

You check your appointment letter. Is there any clause of tranfer to other branches exist else where in India?. You can deny the transfer order on ground of such clause. Is your management paying HR to you at present or paying others employees of that city of transferred location.
One can deny, if the transfer is not happening to Co's own establishment.
Your refusal to the transfer lead to disciplinary action on the grounds of insubordination.
This transfer may be something to ask you to resign or take the punishment, may be an apprehension fro our end.
You meet the head, request him to compensate the financial burden to consider in restructuring of salary.

From India, Mumbai
yessirvijaya@gmail.com
6

I suggest you take it positive and accept the transfer. As you have worked for more than two decades, am sure they will not have any bad intentions. You may request over a period of time to reconsider your transfer back to current place Or you may request time period or assignment basis or deputation basis to new place without shifting your family.

Other side, the mgt may accept your request on deputation or assignment basis, if you are really an asset to the mgt.

1. if you do not accept, simply they will ask you to settle all your request or quires at the transferred location, which you may not like.
2. Since, transfer is a stipulated condition in any offer letter, a suitable disciplinary action may be initiated against, including termination of employment, in such cases, courts will not normally interfere with the mgt decision.

From India, Hyderabad
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