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Anonymous
Suppose a person transfers from one department to another department within the same Organization. Can that person receive the same salary as he was receiving when he is asked to transfer to another department within the same organization? Secondly, is there any section that supports the idea that under labor law, the employee continues to enjoy the same or more benefits when the organization asks to transfer its employees? Pls, answer immediately with Sections.
For example, a person has been working for an organization for the past 20 years. Now, the Organization has decided to transfer the employee to another department within the same organization for a lesser salary. Under those circumstances, the employee refuses to accept that offer since the option given by the organization is a lower salary with no benefits that the employee enjoyed all through the past 20 years.
Please write with specific laws where the employee can legally fight to claim the same or more salary and benefits through this offer.

From India, Hyderabad
Madhu.T.K
4210

There is no specific law regarding transfer of employees. Transfer is purely a managerial prerogative. As such the employee is expected to obey the transfer order. But when an employee is transferred to a department which offers lesser salary and prospects, he can challenge it. An employer cannot reduce the salary of any employee without valid reason. The only reason available is a punishment, and the same can be awarded only after giving the employee an opportunity to be heard in a domestic enquiry after issuing show cause notice/ charge sheet. If there is no such charges, no enquiry has been conducted, the employee need not accept the transfer order.

As already said there is no law which governs transfer of employees. The SOP relating to transfer will be available only in the Certified Standing Orders of the company. If there is no standing orders, then the appointment orders will govern it. If the appointment order is silent about transfer, the same can also be considered as a change is service conditions. Any change in service condition would require notice u/s 9A of the Industrial Disputes Act also.

One most important thing is that you cannot get an answer all on a sudden as you think, immediate answer cannot be expected. There will be different opinions coming on the issue and finally you can have a take home of some ideas, but for that you have to wait. Therefore, I request you to wait and see the other comments.

From India, Kannur
PRABHAT RANJAN MOHANTY
583

You can transfer the employees from one department to other departments, provided the employee carry the required work skill of the department but can't reduce the salary & wages. Besides salary some allowances are paid for certain departments but not for all the department, can be cut off on transfer.
It's purely illegal to reduce the salary & wages, because the wages & salary paid to employees are agreed terms between the employees & employer. Transfer are not governed under any law but conditions of services are part of the ID Act.

From India, Mumbai
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