Transfer Of Employee But The Same Refuse By The Employee

Dear Senior,
This has reference to transfer of employee current department to another department ,please suggest if employee refused to receive the same ,what action we should take against him if he refused to accept inter department transfer letter & he did whimsicalities during in duty timing. He didn’t obey his HOD instruction.
Please suggest & advice ..
Regards,
Vishal

Dear Vishal,

Please check the reason for his refusal. Is this a sudden transfer letter, or have you given some time period prior to this? What is your industry type, and to what does "whimsical" refer in this case? Is this the first time, or is it a recurring issue that he didn't obey his HOD?

Thank you.

Dear Mam,
Reason is additional increment apart from recent increment requirement by employee in case of sudden transfer . we have given transferred due to neglecting work & argument with senior & it is in his habit so many time has done the same act with senior . he is working in our Hotel from 15 years. In past , two times I have changed his job profile but no improvement observe .
Today, I ask him “why you have not perform your work according to given instruction in transferred location” .he replied to me I will take action (FIR) against you due to employee harassment. Please suggest ,what action I could take against him.
Regards,
Vishal

Dear Vishal,

Hoteliers are known for their dignity and hospitality. I certainly believe that if an employee is belligerent, action needs to be taken. Since you have already verbally addressed the issue, I would suggest speaking with management and issuing a warning letter to the employee, as well as placing them on a one-month probation period. If there are no improvements during this time, inform the employee that they may need to resign.

I hope that these measures will help the employee reconsider their approach to their job.

Thank you.

I think such a person should not be transferred but terminated.

The hotel industry is service-oriented, and one bad experience of a guest proves costly. Let him file a FIR for employee harassment, if he can. It's an empty threat. He will find it impossible to do so. Anyway, I am sure your management has relations with the cops as every hotel does.

You need to hold a domestic inquiry in relation to his misconduct. Also, refer him to the senior management for a warning and counseling as he has been there for long. However, document everything, especially his wrong actions, arrival time, refusal to follow instructions, etc.

Make sure you follow the requirements of standing orders or other procedures that may apply.

It is purely an administrative decision to transfer an employee from one department to another or from one unit to another. Furthermore, it is as per the terms of his engagement. Therefore, if an employee does not comply with the same, disciplinary actions could be taken against him. After the inquiry, based on the Inquiry Report, appropriate action could be taken depending upon the nature of misconduct committed by him. However, all actions should be taken subject to approval of the Competent Authority and subject to compliance of laws.

Dear Vishal,

You can handle everything properly by following a systematic approach. You have two options: either issue the first warning letter or proceed with a PIP (Performance Improvement Plan). This will ensure that you are legally protected in case any legal issues arise in the future.

Regards,
Abhishek

Transfer is management prerogative. If you mention in the order as exigencies of work only than he has to accept it and has to join in the transferred deptt. But when you mention the transfer on the ground of the allegation as you mentioned then it will not stand in the court of law since it comes under the disciplinary punishment.
Then you have to issue a show cause notice on the allegation you have mentioned and then called for his written explanation and if necessary you have to install departmental enquiry and then you can transfer him as a punishment.
That’s it.

Dear Senior,

Thanks to all for valuable suggestion & advice..

But I little confused for the same

What first I have to do in this case, refused transfer letter sent by registered post

to his permanent & present address after that if he not agree then warning letter will be issue him ,even if he doesn’t agree to work according to instruction which mention in transfer letter then I shall issue him show cause notice for the explanation then inquiry report .

our organization have employee union & transferred employee also from employee union ,if any thing wrong then they will create issue in premises .

Note I have mention on transfer letter for work & better controls another department ,transferred employee designation –Team Leader.

In past time ,union leader attacked on HR manager in peak season because HR manger called the police for major problem creator union employee against their misconduct but matter has been resolved by the management by taking lenient stance due situation of peak season & providing better guest service. No charges were framed against certain union employees.

Now today, transferred employee on without intimation absent from duty , as per information by Labour department ,he has submitted his application related to employee harassment to DLC . How can I terminate that employee legally (after giving one month notice period or wages) without any issue?

Regards,

Vishal

In the present case, refusal of a transfer order comes under disciplinary code, even though your reasons for transfer and whether they will stand in the court of law is a different issue. Right now, you are relying on the refusal of the transfer order and issuing a memo to him. If he is also absent from work, then combined together (refusal as well as unauthorized absenteeism), issue a memo and call for an explanation.

Regarding his complaint before DCL, that is a different subject that you have to deal with separately. Right now, you cannot terminate his services without valid grounds.

Dear Sir,
I wish you must have mentioned in his appointment letter, the condition of Transfer & Travel. On this ground, when he is denying the same, Company can releive him on the ground of mandatory terms & Conditions not followed by employee.

HI Vishal,
I think your are over doing and acting this matter,you are interest to retaliate him by past happenings.all lab our rules are employee support only.there is no problem at all.you may not force any employee to do any work. you have some attitude problem. all are wants listen your words.If he is not interest ask some other employee to do the work, before transfer you have to ask the employee opinion.why you want to particularly transfer him another unknown department.did u perform the same?
please deal the matter delicately.and treat every employee with respect manner if u r a HR? Or any one?

Dear Vishal,

I would suggest that whatever actions you propose or initiate within the parameters of certified standing orders and the terms and conditions of the contract of service, as mentioned in the letter of appointment issued to the employee, you proceed only if your management is willing to see the course of actions through to the end.

In my experience, in most cases of this type, the management often develops cold feet later on, and the administrative department may have to either backtrack or humble itself. It is better to adopt a conciliatory approach involving all concerned.

Regards,
Uday

Dear Sir,

I completely agree with your suggestion. Management reacts in the same way as you mentioned but wants to ensure discipline strictly on the premises from HR. If I go with a conciliatory approach (I know it's right) or do not take any action in this regard promptly, then the employee union leader will assume that HR is afraid of us. They might do something wrong so that HR does not stay for a long time. This is the mentality of certain union employees.

Regards,
Vishal

Dear,

Going by what a few details you stated here, the Union or some backing is behind him. So it is necessary that you should have sufficient documents for your and his every action/inaction. The first thing before you decide on a transfer, you have to check the terms & conditions of service to determine whether it is legal or not. The reason I'm telling you this is cadre to cadre shouldn't be a problem. For example, if he is skilled in a particular work and can only fit in that type of work, like a cook/chef, steward, etc., then it is okay. On the other hand, if he would not fit into that new work due to his special skills or competency, it may not be appropriate to transfer him. In any case, it is better to have it in writing. If he refuses to receive an envelope containing communication, it is also considered indiscipline, and you should take action as per standard operating procedures and follow the necessary procedure.

Kumar S.

I want to transfer an employee from the accounts department in Hubli to the Kolkata branch office to handle accounting activities. Initially, he joined as a peon, and gradually he was promoted to the accounts office after serving for 25 years. We now wish to transfer him, but he is not accepting the transfer letter. We have sent the letter to his residential address via registered post, but he has not accepted it.

What should be the next steps? Kindly advise.

Dear Cite HR members,

As per our appointment letters, it is clearly mentioned that management can transfer you to any place or location. If we give a transfer to any employee with 12 days' advance notice, but the employee refuses the transfer on the last day, we can relieve him on the same day. This is because, as per the appointment letter, only a 15-day intimation period is required, and we have already given 12 days of pre-intimation.

We seek your advice on what should be done in this situation.

Thank you.

Please, I need your assistance in responding to how to refuse a transfer between departments.

Dear HR,

Without informing the head of the department, I have been transferred to another department on short notice. I would like your advice on this matter.

I am in need of a sample letter to respond to the transfer to another department as I was hired as a Business Development Officer, not an operational officer.

Your prompt response would be greatly appreciated.

Thank you.