Can a Long-Time Senior Supervisor Be Forced to Accept a Promotion They Don't Want?

Dear Senior, please advise if an employee who has been working as a Senior Supervisor for the last 18 years and has twice refused promotion to the next Executive level designation can be promoted again from the Senior Supervisor level (Emp. salary 35000) to the next Executive level based on the promotion policy as per certified standing orders. If the concerned employee refuses the promotion letter and does not want the Executive level designation—Junior Executive—from the current designation of Senior Supervisor, can management take any action against him?

Promotion policy as per standing order:

No workman shall be entitled to automatic promotions, which are at the sole discretion of the Management, depending upon vacancies, requirements, and overall suitability for the job. An employee's promotion to a higher grade/skill is the executive right and function of the Management. While promoting an employee, their merits and seniority will be considered as the main criteria. In deciding this factor, the employee's/Workman's qualifications, efficiency, attendance, and past service records shall be taken into consideration.

Requested to please review and advise further on this matter.

Dear Vishal, there must be a reason why he is declining the promotion. You need to find that out. Similarly, in many companies, people refuse promotions just to avoid responsibility and accountability. Additionally, some allowances like encashment for extra work or overtime are allowed up to certain grades; this could also be a reason for refusing a promotion. Another reason for refusal could be a transfer in location or department. In such cases, if employees are refusing promotions and have reached the threshold of their pay grade, some companies also re-designate the employees. However, please seek advice from seniors on this matter. I request seniors to shed light on this subject.

Thank you.

Dear Vishal, you have given details of the situation related to one Senior Supervisor. You wanted to know what "action" can be taken against the supervisor for refusing the promotion. Well, gentleman, why would you like to see everything from the perspective of discipline or indiscipline? Furthermore, have you defined "refusal for promotion" as misconduct in your standing orders?

In your post, you have not mentioned why the employee has refused the promotion. What are his reservations? What is holding him back? Why does he think he is fit for a lower level but not a higher level? Have you tried to understand why he prefers the status quo?

Possibly, the employee's mindset is conditioned to perform the duties of his current designation. While others dislike monotony or repetitiveness in their work, he might actually enjoy it. Additionally, he could perceive that an Executive-level job involves delegating work to others, which he may dislike. He might prefer to simply follow orders and enjoy a peaceful work life. Another reason could be his reluctance to work beyond regular hours or to learn new skills. Perhaps his self-contentment is hindering him from taking on higher-order assignments.

This incident may reflect a lack of career planning initiatives in the company. Ideally, HR is expected to assist each employee in preparing a career plan and grooming them for senior positions. HR should instill career consciousness among junior employees. Unfortunately, HR is often so engrossed in their own work that they rarely find time to plan someone else's career!

Once again, I can only stress the importance of understanding the employee well. Therefore, convene a meeting with a senior person in the technical department to understand the inhibitions. However, please maintain a friendly approach and avoid being pushy during the meeting.

Thanks,

Dinesh Divekar

If somebody is not interested in a promotion, then why are you interested in promoting him "designation-wise" rather than increasing his work/responsibility in actual? Failure to do so may require asking the employee to go home in a legal way.

Dear Sir,

Actually, we have two employees working as Senior Supervisors for the last 18 years in the same designation. They both receive a salary of over $35,000 per month and also serve as union leaders of an unregistered union in our company for the past 18 years. They have mentioned that you cannot compel them to be promoted to the next executive level designation. They believe that they are working as supervisors, which falls under the workmen category.

Dear Vishal,

See, now that's the real issue. It's not about refusing promotions; it's about IR. Please solve it accordingly.

Dear Vishal, I have two queries on the subject:

1. Are the Supervisor/Senior Supervisor considered as "workmen" in your company?
2. Do these Supervisors receive overtime or any other benefits that are denied to the Executive category?

If the refusal is due to being outside the Union fold, resulting in the loss of benefits that the employee would otherwise enjoy, and the individual sees limited potential for advancement, they may choose to decline a promotion. It is essential to be transparent with them about this, as otherwise, they may question your motives for offering a promotion.

Regards, Dinesh Joshi HR Consultant

Dear Joshi ji,
Reply of quires:
1-They both are not comes under Workmen category.
2-they don't do overtime..
They assume that if we jumped in to management level designation then they will loss union shelter.
They said that management can't give promotion by force & also, said that nobody can promote us during my whole employment at company.

Dear Vishal, you need to show them that they are neither under union shelter nor do they fall under the worker category. They are staff, and management can redesignate them as executives. You just have to issue the order for redesignation or transfer them to another department to break their resistance. If they resist, conduct an inquiry, suspend them pending the inquiry, and if found guilty of charges, terminate them. Get over with it; don't let them bully the management. Please consult your legal representative while doing this. Don't leave any loopholes as the case could go to court. Conduct the inquiry based on the principles of natural justice. Keep evidence and records.

Also, if they fall under the staff category, you might have already issued them an appointment letter in which general clauses of transfer or promotion are mentioned. You can refer to those documents. This is what I would have done in a general scenario. Experts may have a different opinion, and in such cases, they can shed light on the subject.