How Do You Handle Transfers Between Branches with Industry-Standard Hikes?

Can you please share the model transfer policy with industry-standard hike? It is regarding transfers between branches or departments.

Thank you.

Employee Transfer Considerations

Employee transfer is an internal matter of your company; therefore, the policy has to be customized. When transferring an employee, please take into account the employee's willingness as well. I say this because I have found that in some companies, when employees are transferred forcibly, they end up leaving the company. Consequently, while trying to fill a vacancy in one place, the company ends up creating two vacancies. Finally, the Managing Director issued an order not to transfer employees forcibly.

It is essential to take the employee into confidence when transferring them from one place to another, which is also applicable during promotions. Commuting can be a major issue in most cities. Therefore, when transferring employees, consider the distance they will need to commute from home to the workplace. Employees may resist the transfer based on this factor as well.

The transfer policy will depend on the nature of the business, the speed at which employees receive promotions, the additional remuneration they receive along with the promotion, etc.

Thanks,

Dinesh Divekar

Understanding Transfer Policies in Employment

Transfer is an aspect of service within the realm of employment. The power to transfer is considered a prerogative of the employer, based on the general premise that the employer is the ultimate judge in deciding who works where, when, and for how long, depending on the exigencies of work. Transfers can be inter-departmental and inter-unit, depending on the nature of work or responsibilities assigned, the size of the establishment, and sometimes at the request of the employees.

Even in the absence of a necessary clause in the Standing Orders, transfers can be effected as per the conditions stipulated in the appointment orders on administrative grounds or work requirements. Unlike government service, where employment is a matter of status and not a private contract, private employment is a matter of bilateral contract where transferability is a matter of mutual agreement and an implied term. In private employment with a single place of employment, transfer is not ordinarily possible. However, in employment under an employer with branches in different locations, taking up employment implies transfer as a condition of mutual agreement.

However, care should be exercised while effecting transfers to ensure it is not a colorable exercise of power indicating malfeasance, unfair labor practices, or victimization. The natural question arises whether any office-bearer of a trade union can be transferred. Trade union leaders or office-bearers cannot claim immunity from transfer. Since transfer is a concomitant of every service, courts, as they are not appellate forums to decide on transfers effected on administrative grounds, would not interfere with orders of transfer unless proven malicious.

Hardships or inconvenience to an employee as a result of a transfer are not matters for the courts to consider but for management in the interest of good and efficient administration. Otherwise, heartburns, as other members pointed out, would eventually arise. So, take into account all these factors while formulating the transfer policy of your establishment.

Regards

Thank you all for your support. I am facing a typical problem where management is considering cross-functional transfers, sometimes resulting in penalties. I would like to understand the legalities involved. Can I transfer an advocate from the legal department to Business Development solely because there is an opening and an excess of staff in the legal department?