Facing a Tough Transfer? Why IT Companies Enforce Long Commutes and Your Legal Rights

An employee from a reputed IT company is facing a problem with the transfer policy. He works at one branch in Bengaluru for a few years and has settled his family nearby. He lives with his kids, elderly parents, and his working life partner. Suddenly, the company has asked the employee to relocate to a branch in Bengaluru that is far away from his current residence. This would require him to travel at least 6 hours daily, leading to potential health issues such as back pain. If allowed, the employee could opt for another project at the current branch. However, the HR department is not permitting this and is insisting on the relocation. His support is crucial for his family as his wife also works. Moving houses is not feasible as their children attend a nearby school, and shifting residences temporarily is also not an option.

My questions are:

1. How frequently can companies transfer employees?

2. When physical presence at the office is not necessary, why can't IT companies offer work-from-home options when employees are required to travel long distances?

3. In the IT industry, project teams are often dispersed geographically and can collaborate online effectively. Despite this, why do companies enforce long-distance travel in transfer policies unnecessarily? Can this be legally challenged?

4. What are the fundamental legal obligations that companies must fulfill when transferring employees?

Parimala, Forum for IT Employees (FITE)

Hi Parimala, going by your narration, I understand the difficulties your colleagues are facing due to his transfer. I also comprehend the needless travel to a far-off place. I have not come across anyone successfully challenging a 'transfer' under existing laws, especially those who are attached to a project. Moreover, he is only in a position to continue in employment come what may, rather than threatening the company using an option to quit. No employee could ensure a posting in a place of his/her choice under the 'contract of service/employment,' whatsoever his/her compulsions could be, unless the contract/agreement/terms & conditions of employment stipulate such a conditional posting.

I can only suggest, in the circumstances explained, to meet and seek the support of HR in a manner fitting to the issue, as a special case to retain his position so that it will be conducive to meet his compulsions on the plea of compassion.

Dear Parimala, as a well-informed member of a forum for employees' rights and welfare, you know well that transfer is an incident of service. As such, you will agree with the fact that based on the exigencies of work, it is the prerogative of the employer to decide which of his employees work where and for how long. Therefore, any individual employee's hardships or personal problems due to transfer recede to the background and cannot be agitated unless the transfer goes against the service regulations or the terms of the contract of service, or it becomes a colorable exercise of power or a measure of victimization.

IT and ITES Sector Transfers

Moving on to the IT and ITES sector, you are aware that it is always market-driven, which is why such companies engage in mass transfers or experience sudden mass redundancy of employees that often leads to the issuance of pink slips. Fortunately, the high degree of employability of the affected white-collar workforce provides sufficient resilience, and such occurrences often go uncomplained and eventually unnoticed. The same holds true in the case of transfers too.

Transfer Specifics and Costs

Regarding your first question, the specifics of a transfer cannot be precisely set down as it is contingent upon the organization's work. Additionally, it is important to remember that a transfer involves additional labor costs for the organization. It is unlikely that any employer would have a transfer policy solely to shuffle employees around.

Work-from-Home Considerations

Working from home is already in vogue in the IT industry worldwide. In my opinion, it serves as a stop-gap arrangement for emergencies and unavoidable circumstances. One cannot demand it as a routine practice, as that would eliminate the need for sprawling offices and administrative paraphernalia.

Appeals and Legal Challenges

In exceptional cases, the affected employee can make an appeal but cannot legally challenge the transfer. It is worth comparing the situation to that of government servants and bank employees who undergo a transfer cycle of three years.

Best regards, [Your Name]