Employee Transfers Due to Health-Related Absences: Is This Fair and Legal? How Can the Law Help?

Can any organization transfer its employee just because he was on too many leaves due to a health issue?

If it is done by any MNC giving some other reason, how can the law help?

Dear Sumit, if one reads between the lines, it can be deduced that the MNC has played a game with the sick employee. Without directly removing the employee because of his prolonged absence, they have transferred him, creating conditions that are most unsuitable to continue his employment. By issuing a transfer order, they have avoided the regular procedure to handle cases of indiscipline. Now, if the transfer order is not obeyed, it will be considered as misconduct and will become grounds for his termination.

On the other hand, the H.O. might have made the decision to transfer him because they were unaware that the employee was sick and had not been attending his duties regularly. Therefore, the transfer could be just a chance occurrence. If this is the situation, the sick employee may submit an application for the annulment of the transfer on compassionate grounds. However, this is a remote possibility.

Labor Law Related to Employee Transfers

Your query pertains to labor law related to employee transfers. However, there is no specific law governing this issue. Most companies, while issuing appointment letters, include a clause on transfer, which generally states that they reserve the complete right to transfer an employee from one place to another. Therefore, nothing can be done on that count.

Thanks,

Dinesh Divekar

Dear colleague,

Transfer of an employee is an inherent right of the employer. This is a powerful weapon used by an employer to weed out an undesirable employee. It puts an employee in a compelling situation to choose between accepting it with inconveniences/hardships or refusing it and facing disciplinary action or leaving the job. The law is on the side of the employer.

Regards,
Vinayak Nagarkar
HR Consultant

An organization can transfer an employee as and when required. One can only challenge their transfer if it is not within the terms and conditions of appointment.

The reply of Mr. Divekar and Mr. Nagarkar is right and justified regarding the cause you cited. You can consider that the employer has chosen transfer as a tool.

How can the law help?

I do not see that there would be any scope to challenge. If an employee wants to challenge, "The interpretation of the transfer order" is the only thing that can help them. But in general, management issues directives (such as "you are hereby transferred to X unit as your services are very much essential to handle the situation") in such cases.

Hi,

Though your subject matter consists of transfer on ill health issues, the heading states injured person.

Whether "injured" means in the course of employment or not is a question here.