Corporate Transfer order - what sort of action they can file against me if I reject the transfer order?

Greetings everyone. I have a few queries related to corporate employment transfer rules. It would be grateful if someone from the team could help me with this.

Current Employment Situation

I have been working with an organization for the past 15 years as a Manager in my hometown, which is a Tier II city. My salary structure and city allowance are based on Tier 2 city standards. I own a house, and my father stays with me here, so I don't need to pay any house rent other than the home loan.

Transfer to a Tier 1 City

Suddenly, management has decided to transfer me to another city, which is a Tier 1 city, with only 15 days' notice. They are restructuring my salary for the new city expenses, but they are not providing any accommodation. I requested a suitable house rent allowance, but they refused.

Financial Concerns and Potential Resignation

The salary I receive in my hometown is already low. How can they expect me to manage my expenses with that salary in a metro city like Gurgaon or Mumbai? This seems like a way to force me to resign since they can't terminate me, given my long-standing, honest, and dignified service.

Seeking Advice on Transfer Rejection

I need to know what actions they can take against me if I reject the transfer order. Is there any other way to verbally or legally deal with the situation?

Hi, if you check your appointment order, there should be a clause related to the company's right to transfer you to other branches. The transfer order is the management's decision based on business requirements. If you disobey the transfer, they will initiate disciplinary action for insubordination. It's an indirect way of asking employees to leave.

You can speak to your superior or write a request letter to reconsider, stating that you need to take care of your father. Their response is up to them. If there is no positive reply, you will either need to accept the transfer or look for a new job.

The only people who can tell you what action they might take in this case are your employer. We do not work for your organization, so we have no idea what your management might or might not do. Discuss this matter with your HR team.

You are governed by your employment terms, which may include a transfer clause. You can request the Competent Authority to reconsider the management decision on humanitarian grounds. If you do not succeed, then you are bound to honor the transfer orders; otherwise, you may lose your job. You do not have any legal remedy available to you.

Regards,

Dr. Kamlesh Agrawal Mumbai

Rejection of a Corporate Transfer Order

Rejection or refusal of a corporate transfer order is an act of misconduct, insubordination, and a behavior that undermines discipline and good conduct in the workplace. Such actions will result in disciplinary measures being taken against you.

You should check your appointment letter to see if there is any clause regarding transfer to other branches within India. If such a clause exists, you may have grounds to deny the transfer order. Additionally, consider whether your management is currently paying HR allowances to you or other employees in the city to which you are being transferred.

One can deny the transfer if it is not to the company's own establishment. However, refusal to accept the transfer could lead to disciplinary action on grounds of insubordination. This situation may prompt you to resign or face potential punishment, which could cause apprehension.

Meet with the head of your department and request compensation for the financial burden when considering the restructuring of your salary.

I suggest you take it positively and accept the transfer. As you have worked for more than two decades, I am sure they will not have any bad intentions. You may request over a period of time to reconsider your transfer back to the current place. Alternatively, you may request a time period or assignment basis or deputation basis to a new place without shifting your family.

On the other side, the management may accept your request on deputation or assignment basis if you are truly an asset to the management.

If you do not accept, they will simply ask you to settle all your requests or queries at the transferred location, which you may not like. Since a transfer is a stipulated condition in any offer letter, suitable disciplinary action may be initiated, including termination of employment. In such cases, courts will not normally interfere with the management's decision.