We issued a transfer letter to one of our employees (transfer from Maharashtra to Haryana). The employee is a gaonwala and land affected (due to our project). Our company has already done a favor for him by deploying a bus for carrying employees and a Scorpio for other work. However, he is not satisfied. We have also restricted his entry to the plant, but he is still coming on duty. Management has called him and informed him that even though he works here, he will not receive any salary for that period. He must report to Haryana as per the transfer letter.
Sir, please guide me legally in this regard.
Thanks & Regards,
MA SHAIKH
From India, Mumbai
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Sir, please guide me legally in this regard.
Thanks & Regards,
MA SHAIKH
From India, Mumbai
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By telling him verbally, it will not affect him. You can issue him a memo stating that if he does not report to the Haryana Office within the specified period, you will terminate him for not following the company's rules. Furthermore, please withhold his salary until he reports to the Haryana office. Do not allow him to sign the attendance muster or use the punching card if provided. If he has a punching card, deactivate it.
Thank you.
From India, Mumbai
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7Thank you.
From India, Mumbai
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From your statement, it appears that this fellow was a displaced person due to the construction of your project by acquiring their village lands. Generally, we have to deal with these types of locals cautiously. As you have already done a favor to him by engaging his bus to transport employees and providing a Scorpio for other company purposes, you can call him and give him counseling regarding the favor done to him by the company.
Reasons for Transfer
Why does management want him to transfer to Haryana from Maharashtra? Has he engaged in any acts inconsistent with your company policy, or has his performance been found unsatisfactory?
Though there will be a general clause regarding the transfer of employees in the appointment order, there should be a justification for making such transfers from one place to another. Frankly speaking, it is not advisable to transfer unskilled and clerical cadre employees from one place to another, particularly to such distant places as yours, without having sufficient grounds. The courts may think that the services of these category employees could also be available at the transferred place and, as such, sometimes they may feel that the employer had transferred this category of employees to such distant places as part of victimization, thereby compelling them to leave the company's services by tendering resignation, etc.
Potential Issues with Local Employees
Furthermore, having strained relations with a local person like your transferred employee is always a headache, as he may create problems by inciting the village workmen to quarrel with the company management for one reason or another. If you terminate his services, etc. If management is prepared to face consequences from any actions of this employee, then, as advised by our learned friend, you should not allow him to sign in the register and give him a charge sheet for not reporting for duty at his place of transfer.
Regards,
From India, Hyderabad
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Reasons for Transfer
Why does management want him to transfer to Haryana from Maharashtra? Has he engaged in any acts inconsistent with your company policy, or has his performance been found unsatisfactory?
Though there will be a general clause regarding the transfer of employees in the appointment order, there should be a justification for making such transfers from one place to another. Frankly speaking, it is not advisable to transfer unskilled and clerical cadre employees from one place to another, particularly to such distant places as yours, without having sufficient grounds. The courts may think that the services of these category employees could also be available at the transferred place and, as such, sometimes they may feel that the employer had transferred this category of employees to such distant places as part of victimization, thereby compelling them to leave the company's services by tendering resignation, etc.
Potential Issues with Local Employees
Furthermore, having strained relations with a local person like your transferred employee is always a headache, as he may create problems by inciting the village workmen to quarrel with the company management for one reason or another. If you terminate his services, etc. If management is prepared to face consequences from any actions of this employee, then, as advised by our learned friend, you should not allow him to sign in the register and give him a charge sheet for not reporting for duty at his place of transfer.
Regards,
From India, Hyderabad
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