Dear HR Professionals,
I need your help. If an employee has been issued a transfer order post the discussion with the HR, but the employee has outrightly refused to accept the transfer and is also not willing to resign. The HR has also shared the reason for the transfer, but all in vain. The employment terms include a transfer clause as well.
Can termination/discontinuation of service be done in this case? Can someone share the format of the termination letter?
Regards,
Khushbu
From India, Pune
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I need your help. If an employee has been issued a transfer order post the discussion with the HR, but the employee has outrightly refused to accept the transfer and is also not willing to resign. The HR has also shared the reason for the transfer, but all in vain. The employment terms include a transfer clause as well.
Can termination/discontinuation of service be done in this case? Can someone share the format of the termination letter?
Regards,
Khushbu
From India, Pune
Acknowledge(0)Amend(0)
No employed person is terminated without being given a reasonable opportunity to defend their actions. In this case, their refusal to accept a transfer order and resume duties at the designated place or job location to which they have been duly transferred should not affect their emoluments and terms of employment.
This is done by issuing a show cause or explanation letter or charge-sheet, asking them to submit a written explanation or reply as to why further disciplinary action should not be taken for the act of misconduct of refusing the management or employer's order (which need not be arbitrary). An internal inquiry is then held in accordance with the principles of natural justice, providing all reasonable opportunities during the inquiry proceedings to defend their actions and the evidence, if any, adduced against them and in support of the allegation or charge. Subsequently, the punishing authority applies their mind to award proportionate punishment for the proven act of misconduct.
What if the settled and prescribed procedures are not followed?
For mala-fide intent or violations or denials of natural justice, disproportionate punishment, arbitrary acts, or perverse inquiry findings, etc., the judiciary is likely to reverse the management's order if found to be wrong, illegitimate, unlawful, and unacceptable.
Let wisdom and scruple prevail.
Kritarth Team, 27.11.18
From India, Delhi
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206This is done by issuing a show cause or explanation letter or charge-sheet, asking them to submit a written explanation or reply as to why further disciplinary action should not be taken for the act of misconduct of refusing the management or employer's order (which need not be arbitrary). An internal inquiry is then held in accordance with the principles of natural justice, providing all reasonable opportunities during the inquiry proceedings to defend their actions and the evidence, if any, adduced against them and in support of the allegation or charge. Subsequently, the punishing authority applies their mind to award proportionate punishment for the proven act of misconduct.
What if the settled and prescribed procedures are not followed?
For mala-fide intent or violations or denials of natural justice, disproportionate punishment, arbitrary acts, or perverse inquiry findings, etc., the judiciary is likely to reverse the management's order if found to be wrong, illegitimate, unlawful, and unacceptable.
Let wisdom and scruple prevail.
Kritarth Team, 27.11.18
From India, Delhi
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Format of Transfer Letter.doc