Facing a Distant Transfer: Can I Resign and What Are My Options with Leave and Notice Period?

I have been given a transfer order on 19.07.2023, mentioning a transfer to Bangalore (which is around 1300 km away from my place) starting from 24.07.2023. I have been working in the same organization for the past 11 years. It is a private organization with various branches across India.

I am an unmarried woman staying with my senior citizen parents. My father is currently suffering from health issues. I received the transfer order on 19.07.2023, stating a transfer to Bangalore (which is around 1300 km away from my current location) effective from 24.07.2023. I have been employed by the same organization for the last 11 years. It is a private organization with branches throughout India.

I am an unmarried woman living with my elderly parents, one of whom is facing health challenges.

Transfer Policy and Concerns

My appointment letter specifies that the job is transferable and can be relocated anywhere in India. However, it also mentions that female staff members should be placed in the nearest major cities if suitable postings are not available in their current or nearby major cities. Additionally, I am dealing with medical issues.

I requested the HR department to reconsider my transfer, but my request was denied. Subsequently, I sent the same letter to our Managing Director and Chairman. The Managing Director rejected the request, but I have not yet received a response from the Chairman.

I am currently on approved leave, as confirmed by my manager.

My Queries

1) Can I resign from my job citing the transfer as the reason?
2) If yes, do I need to serve a 90-day notice period at the new place of transfer or the old location?
3) I still have 100 days of sick leave credit in my account. Can I utilize this leave before resigning?
4) Can the employer refuse the usage of this leave?
5) What other options or remedies are available to me?

Transferability of Job and Legal Options

As per the terms of the appointment order, your job is transferable. Hence, that cannot be challenged. Various courts have held that transfer is a management's prerogative unless it is proved to be vindictive or victimization.

Options to Consider

1) Yes, of course, you can request your management to avoid the transfer by stating your family reasons, or you can very well submit your resignation from the services citing the reason for the transfer.

2) As per the terms, you have to serve the notice period. You can make a request to the management to serve the notice period in the existing place only. I think any normal human being will agree to that, especially being a woman employee.

3) You can request the management to adjust your leave at credit against the notice period. Some managements would agree to that, and some would not. It depends.

4) To my knowledge, there is no other remedy available. If you feel that your transfer is an act of vindictiveness, you can approach a civil court and get an injunction from the execution of the transfer order. But in that case, you can't work peacefully in your present place of work. Hence, it's better to submit your resignation and get relieved smoothly and get your settlement without any hassle.

Legal Options for Challenging a Transfer

If I apply to civil court or the Local Labour Commissioner, what are the chances of a positive reply from the management?

Considerations for Employee Transfers

What Mr. Ranganathan has said is correct. However, there are a few more things to consider. A transfer is a management prerogative, but it should be used only to meet certain business exigencies. Therefore, if by transfer, the employee is not contributing to or adding any value to the organization, the transfer is meaningless. We should consider whether she has been transferred to meet any special task that cannot be accomplished by someone else in the other branch.

In the case of employees who come under the purview of the Industrial Disputes Act, the decision of the management to transfer an employee to a place that is far and has different language and customs, with which the employee cannot cope, has been found to be victimization. We need to know what responsibilities the thread starter has been discharging in the establishment and whether she would add value to the organization by the transfer.

Resignation and Notice Period

Resignation is not a remedy. However, you can speak to the management to cancel the order. You cannot adjust your sick leave against the notice period unless you are sick and can produce a certificate from a competent medical officer. If the management is ready to accept your resignation with the condition that you would serve the notice period in the current location, then it is a clear indication of victimization. You can also ask the management to waive your notice period against the sick leave in your credits.

Legal Protection and Employee Status

Approaching the appropriate authorities for protection may spoil your career. Moreover, there can be conciliation only if you are a worker under the Industrial Disputes Act. It is to be noted that it is not the salary or the designation that decides whether an employee is a worker or manager, but it is the functional responsibilities that the employee handles that decide it. Accordingly, if you have any supervisory powers, like the authority to sanction leaves of subordinates, appraise the performance of subordinates, or initiate disciplinary action against subordinates, then only you will come out of the purview of the ID Act. If you do not have any of these rights, you will get protection under the ID Act.

In a very recent case, The MD Power Soap and Abhiramai Soap Works Vs. Puthiya Jananayaka Thozhillar Munnani (2023 LLR 746 Mad HC), the Madras High Court ruled that a transfer which changes the status of an employee from workman to supervisor and thereby deprives them of the protection they were getting under the ID Act will be illegal.

Therefore, before proceeding further, please clarify if you are a managerial employee or not and whether by transfer you would add any value to the organization.