Employee Refuses Department Transfer: How Should We Handle This Situation?

Employee Transfer and Compliance Issues

This has reference to the transfer of an employee from the current department to another department. Please suggest what action we should take if the employee refuses to accept the inter-department transfer letter and exhibits whimsical behavior during duty hours. He did not obey his Head of Department's instructions.

Please suggest and advise.

Regards,
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, the reason is an additional increment apart from the recent increment requirement by the employee in case of a sudden transfer. We have transferred him due to neglecting work and arguments with seniors, which is a habit he has exhibited many times. He has been working in our hotel for 15 years. In the past, I have changed his job profile twice, but no improvement has been observed.

Today, I asked him, "Why have you not performed your work according to the given instructions at the transferred location?" He replied that he would take action (FIR) against me due to employee harassment. Please suggest what action I could take against him.

Regards,
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 for a guest can prove costly. Let him file an FIR for employee harassment if he can. It's an empty threat, and he will find it impossible to do so. Anyway, I am sure your management has relations with the cops, as every hotel does.

Conducting a Domestic Inquiry

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

Following Procedures

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

Transfer and Disciplinary Actions

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 the approval of the Competent Authority and subject to compliance with laws.

Transfer and Management Prerogative

Transfer is a management prerogative. If you mention in the order "exigencies of work" only, then the employee has to accept it and join the transferred department. However, if you mention the transfer on the grounds of an allegation, as you indicated, it will not stand in a court of law since it falls under disciplinary punishment.

You must issue a show cause notice regarding the allegation you have mentioned, call for the employee's written explanation, and, if necessary, initiate a departmental inquiry. Only then can you transfer him as a punishment. That's it.

Dear Senior,

Thanks to all for the valuable suggestions and advice. I am a little confused about the situation.

Steps to Handle Employee Transfer Refusal

What should I do first in this case? I have sent a refused transfer letter by registered post to his permanent and present address. If he does not agree, then a warning letter will be issued to him. If he still doesn't agree to work according to the instructions mentioned in the transfer letter, I shall issue him a show cause notice for explanation, followed by an inquiry report.

Our organization has an employee union, and the transferred employee is also part of the union. If anything goes wrong, they may create issues on the premises.

Note on Transfer Letter

I have mentioned in the transfer letter that the transfer is for work and better control in another department. The transferred employee's designation is Team Leader.

In the past, the union leader attacked the HR manager during the peak season because the HR manager called the police for a major problem created by a union employee against their misconduct. However, the matter was resolved by management by taking a lenient stance due to the peak season and the need to provide better guest service. No charges were framed against certain union employees.

Current Situation

Today, the transferred employee is absent from duty without intimation. According to information from the Labour Department, he has submitted an application related to employee harassment to the DLC. How can I terminate that employee legally (after giving one month's notice period or wages) without any issue?

Regards,
Vishal

In the present case, refusal of a transfer order comes under the disciplinary code, even though your reasons for transfer and whether they will stand in a 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 the DCL, that is a different subject that you have to deal with separately. Right now, you cannot terminate his services without valid grounds.

I wish you must have mentioned in his appointment letter the condition of Transfer & Travel. On this ground, when he is denying the same, the company can relieve him on the grounds of mandatory terms & conditions not followed by the employee.

Hi Vishal, I think you are overreacting and acting on this matter with a desire to retaliate due to past incidents. All labor rules are in support of employees. There is no problem at all. You may not force any employee to do any work. It seems you have some attitude issues, as you want everyone to listen to your words. If he is not interested, ask another employee to do the work. Before transferring, you should ask the employee's opinion. Why do you particularly want to transfer him to another unknown department? Did you perform the same? Please deal with the matter delicately and treat every employee with respect. Are you an HR professional or anyone else? Regards,

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

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

Going by the few details you stated here, it seems the Union or some backing is behind him. Therefore, it is necessary that you have sufficient documentation for every action or inaction from both your side and his.

Checking Terms and Conditions

Before deciding on a transfer, you must check the terms and conditions of service to determine whether it is legal. The reason I'm telling you this is that cadre-to-cadre transfers shouldn't be a problem. For example, if he is skilled in a particular work and can only fit into that type of work, like a cook/chef, steward, etc., then it is okay. However, if he would not fit into the new work due to his special skills or competency, it may not be appropriate to transfer him.

Documentation and Procedure

In any case, it is better to have everything 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.

Regards,
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.

Next Steps for Employee Transfer

What should be the next steps? Kindly advise.

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.

Seeking Advice on Employee Transfer Refusal

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.

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.

Request for Sample Letter

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.