Dealing with Employee Transfer Issues: Understanding Appointment Letter Clauses

Dear All,

I joined my company on 2nd September 2013 at the Ahmedabad branch. After 10 days, the management informed me to transfer a few employees, including myself, from the Ahmedabad branch to Surat. They did not provide any written notice to anyone. I never wanted to go to Surat as I have my whole life set up in Ahmedabad.

Please advise me on what to do in this situation.

Some more information is required here. Do your and others' appointment orders have any clauses regarding transfers? What type of industry is it? Are there branches, and have such transfers been effected by your company earlier? These points will help us ascertain the problem.

Adv. K. H. Kulkarni

Dear Kulkarni Sir,

At the time of joining, they only gave me an offer letter and did not mention the transfer policy. The appointment letter is in my possession, and I have never returned it with my acceptance. The company operates in the lifts and escalator business, and I am responsible for managing all three branches in Gujarat from Ahmedabad. This decision is unprecedented as it is the first time they have made such a move due to low business in Ahmedabad.

Regards,
Bharat

If your appointment order is silent about the transfer, then certainly, the employer cannot force you to go to another place of work. Transfer in a private company is essentially a matter of the service contract, and in your case, there is no such contract.

I suggest some actions:

1. If any transfer order or letter is given to you, you can receive it. However, immediately make a written representation to the authority stating that you are not ready to accept and follow the transfer order. Mention that there is no such clause in the appointment order. Request them to reconsider the decision.

2. If your request is not considered, you can approach the Labor Officer for the illegal transfer.

3. Try to find out if this is a temporary arrangement to finish any pending work at Surat. If so, get written confirmation that this is a temporary arrangement for a certain period, and you will be called back after that period. If it is a short-term need, you may also consider it.

What are the transfer terms in your appointment letter? Most companies offer transfers within the state or outside the state as well. You have only two options available: either to accept or not to accept.

Since you are in probation, you do not need to serve a notice period. With only one month of experience in your current company, you are free to move on.

Dear Kulkarni Sir,

Thank you very much for giving advise.

I have not accepted appointment letter where mentioned "Although you will be based at Ahmedabad, please note that your services are transferable anywhere in India/Abroad", which is not mentioned in Offer letter about any transfer.

The offer letter I received on 16th August and The appointment letter they gave me on 17th September (after declaration of transfer). Appointment letter is with me and not return to management.

1. should I return this appointment letter back without acceptance?

2. If they stop my salary what would be my next step?

3. If they give me any notice regarding separation what should I do?

I have sent below mail on 23rd September:

"Respected Sir,

I joined this company on 2nd September, 2013. When I joined Johnson Lifts I was not informed that the company will be shifting its main brance from Ahemdabad to Surat, It's inoformed me on 13th Septmeber, 2013. I have one humble request that, if Surat is chosen as destination for my posting it will be difficult for me to shift my base to Surat as I am going to get married soon, so I have purchased a house in Ahemdabad and my fiancée is working in Ahemdabad. If I need to visit to Surat and Vadodara once in a week or if my posting is transfer to vadodara ,I will be opting for commuting which will be possible for me with which I will be able to serve your company as well as fulfill my personal commitments . Kindly consider my request which if approved will be win-win situation for both company and me, so kindly make a note of it and take decision accordingly. :

PLEASE ADVISE.

Regards,

Bharat Gadariya

Dear Bharat Gadariya,

This is a peculiar situation where it is not easy to advise you to take a certain decision. Your appointment order has a transfer clause; hence, the complexion of the scene has been drastically changed. In short, your company has a transfer policy. Now, whether you have signed and accepted the appointment or not has, in my opinion, very little significance. Let us not think of the document you are holding right at this stage for a while.

I have not understood how much business the company will have in Ahmedabad after shifting to Surat. But if it has, convince them that you can look after the work by staying in Ahmedabad only.

The best way, in this situation, is what I suggest you do: meet your superiors and convince them of your inability to go on transfer. But unfortunately, if your transfer is still effected, do what your mind says. Here, I am not going to suggest you approach any legal authority because that may not help.

Adv. K. H. Kulkarni