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advmpkulkarni
Dear Sir,

I am working in a Public Limited Company. Our HR department referred a matter of an employee for advise. The employee is working in our organisation from last 3 years. As per his reporting manager, he is not doing his work properly. Therefore we have suggested HR department to issue Transfer order. Accordingly HR department has issued Transfer Order (on the basis of draft provided by legal department) and directed him to join at the transferred location within 7 days from the date of order. Now after lapse of 10 days of joining period i.e. 7 days, we have received request letter from the employee that he is ready to join at the transferred location but due to some family issues (such as hospitalization of his Father and Mother) he wants 2 to 3 months time to join at the transferred location. Meanwhile we have issued him Show Cause Notice through RPAD for not reporting at transferred location but he has not accepted the SCN.

Kindly advise us further line of action to be taken at our end.

Regards,

Mayur P. Kulkarni

From India, Mumbai
vmlakshminarayanan
929

Hi,

You claim that employee failed to report at transferred location and had requested for 2-3 months time frame to join. But he had neither reported at new location nor at parent location which needs to be construed as unauthorized absence.

Even though the employee have valid reasons and require some time to report at transferred location he should have reported at current location or should have applied for leave with valid reasons.

Now that the SCN is bounced back with remarks " Not accepted" , just keep the same in his personal file without opening the RPAD.

Referring the above SCN you may serve second letter stating that employee is not reporting after the transfer order issued and SCN issued to his address as per file is bounced back. You can send through RPAD and also through email. Just add a word stating that " if you fail to report to office on or before ____ the Management will proceed with termination of employment without any further notice ". Provide some sufficient time frame and do not be in hurry to close the file. Send the letter to present and permanent addresses as per the employee file. If you are having legal dept. they will know the disciplinary process.

Hope your Appointment Order have location to location transfer clause on business requirement.

From India, Madras
Dinesh Divekar
7865

Dear Mayur P Kulkarni,

My replies to your query are as below:

a) You have written "As per his reporting manager, he is not doing his work properly. Therefore we have suggested HR department to issue a Transfer order."

Comments: - If the employee was not doing work properly, then it merits investigation as to why was he not working properly. By changing the work location of the employee, the mindset or the attitude of the employee also changes. This was just an assumption.

b) Accordingly HR department has issued a Transfer Order (on the basis of draft provided by legal department) and directed him to join at the transferred location within 7 days from the date of the order.

Comments: - Keeping aside the merits of the transfer, did you check whether a period of seven days was sufficient to join at a new location? What is the distance between his existing location and a new location? How was he supposed to travel? What help your organisation was to provide for his accommodation?

c) Now after lapse of 10 days of joining period i.e. 7 days, we have received request letter from the employee that he is ready to join at the transferred location but due to some family issues (such as hospitalization of his Father and Mother) he wants 2 to 3 months time to join at the transferred location.

Comments: - Whatever may be the number of days of joining, the employee must join at a new location. The "orders" are for "obeying". The willingness of the employee does not count here. I doubt whether the employee understood the meaning of "order". Now whether to accept the request of the employee to extend the date of joining or not is an internal matter of your company. If the extension of the order is not given, then the employee remains absent from work at a new location. For his absence, follow the regular procedure. As such you have issued one SCN. Issue the second one for remaining absent from work at a new location.

Thanks,

Dinesh Divekar

From India, Bangalore
advmpkulkarni
Dear Mr. Lakshmi Narayanan Sir and Mr. Dinesh Divekar Sir,

Thanks for giving your opinion. Management has decided to give the employee one month time for joining at new location considering his family issues. Kindly provide a draft letter wherein we have to mention that we will give him one month time (instead of 2/3 months) and failing which Management will proceed with termination of employment without any further notice.

Regards,

Mayur P. Kulkarni

From India, Mumbai
vmlakshminarayanan
929

Hi,

Providing with one month time frame is ok but you cannot mention that his services will be terminated without any further notice if he fails to report before stipulated date. Please find below the template. You can modify as per your requirement.

Draft

Date___

Dear Mr._____


Ref : Our Transfer order dated____
Your request letter dated_____


This is with further reference to the Transfer order dated___ issued to you and your request letter dated ____.

We are in receipt of your request letter dated___ requesting time to report at the transferred location. Please note that you were transferred to _____ ( location name) due to exigencies of business requirement. However your request for delayed reporting at transferred location is considered favorably by us and you here by directed to report at _____(location name) on or before. Please note that we will not entertain any further request for time.

If you fail to report at new location on or before______ we will be constrained to proceed with disciplinary action.

Please plan your travel itinerary well in advance.

Please report to Mr_________ on or before_____

Acknowledge receipt of this letter.

From India, Madras
k.mukundraj
4

Follow normal format; but include

Refer to _____ (earlier communication) wherein your services were transferred to _____ w.e.f.
You failed to report on the said date and also refused to accept the communication by RPAD.
After a lapse of _______ days; we are in receipt of your letter to consider deferment of reporting date by 2 months.

After careful scrutiny of the case; the management has considered to sympathetically accommodate your request not exceeding one month. Your revised date of reporting stands ________.

From India, Madras
advmpkulkarni
Dear Sir,

In continuation of my earlier query, we have issued a letter to the employee a letter granting him time of one month for joining at new location. After lapse of 1 month still he has not joined at new location. Instead of joining, he sent us doctor's certificate mentioning that he is suffering from fistula and need to take medical treatment therefore requested us to give 15 days medical leave.

We have already issued another show cause notice to him for not reporting at new location even after lapse of one month.

Kindly advise us further course of action to be taken at our end. Kindly provide us suitable draft letter needs to be addressed to the employee in this context.

Regards,

Mayur P. Kulkarni

From India, Mumbai
Pocket HRMS
8

Here are the possible steps that you can take in this situation:

Discuss the matter with the employee. The first step is to discuss the matter with the employee and understand his reasons for not joining the new location. It is important to be understanding and sympathetic to his situation, but also to be firm in your expectations.
Negotiate a mutually agreeable solution. Once you have a better understanding of the employee's situation, you can try to negotiate a mutually agreeable solution. This could involve giving him more time to join the new location, or allowing him to work remotely for a period of time.
Issue a final warning. If the employee is still not willing to join the new location, you may need to issue a final warning. This should be in writing and should clearly state the consequences of not joining the new location.
Terminate the employee's employment. If the employee still refuses to join the new location, you may need to terminate his employment. This is a serious step, so it should only be taken as a last resort.

Here are some additional things to keep in mind:

The employee's request for more time to join the new location should be reasonable. If he is asking for several months, this may not be acceptable.
You should document all of your communications with the employee, including the transfer order, the request for more time, and the final warning. This will help you if you need to take further action.
You should also consult with your legal department to make sure that you are taking the appropriate steps.
I hope this helps!

From India, Dombivali
advmpkulkarni
Dear Sir,

In continuation of my earlier queries, inspite of giving time of one month to the employee, he has not joined at transferred location. Instead, he has sent request through email requesting to grant him 15 days leave due to fistula infection. He attached a prescription issued by a MD doctor. Accordingly we have sympathetically considered his request and granted him 15 days leave and same was communicated through a letter by us. He has not joined the transferred location after lapse of the stipulated date mentioned in our letter. Instead he has sent another email stating that his doctor suggested him for blood test as there are symptoms of dengue and extend his leave. It is pertinent to note that at this time, he has not mentioned how many days leave required to be taken in his email.

Kindly advise further course of action. Further, kindly advise that, can we mark him Leave without pay or grant him further extension to his earlier leave. If we decide to grant him leave further, then how many days leave can we grant to him.

Also kindly advise, whether we insist him to produce doctors certificate and reports with respect to fistula infection and blood test report related to dengue (if he done the blood test).

Kindly advise further course of action.

Regards,

Mayur P. Kulkarni

From India, Mumbai
rkn61
625

Keeping in view of principle of natural justice, and, as the employee has submitted an MC duly certified by a specialist physician (MBBS,MD), it is not advisable to initiate disciplinary action against him. So better, you may allow him to avail extension of leave.

(If you feel the reasons explained by him is not plausible, you can ask him to appear before a Doctor, authorised by you, for medical examination and receive feed back from the Doctor

From India, Aizawl
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