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Dear Senior,
This has reference to transfer of employee current department to another department ,please suggest if employee refused to receive the same ,what action we should take against him if he refused to accept inter department transfer letter & he did whimsicalities during in duty timing. He didn’t obey his HOD instruction.
Please suggest & advice ..
Regards,
Vishal

From India, Haldwani
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Dear Vishal,

Please check the reason for his refusal. Is this a sudden transfer letter, or have you given some time period prior to this? What is your industry type, and to what does "whimsical" refer in this case? Is this the first time, or is it a recurring issue that he didn't obey his HOD?

Thank you.

From India, Visakhapatnam
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Dear Mam,
Reason is additional increment apart from recent increment requirement by employee in case of sudden transfer . we have given transferred due to neglecting work & argument with senior & it is in his habit so many time has done the same act with senior . he is working in our Hotel from 15 years. In past , two times I have changed his job profile but no improvement observe .
Today, I ask him “why you have not perform your work according to given instruction in transferred location” .he replied to me I will take action (FIR) against you due to employee harassment. Please suggest ,what action I could take against him.
Regards,
Vishal

From India, Haldwani
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Dear Vishal,

Hoteliers are known for their dignity and hospitality. I certainly believe that if an employee is belligerent, action needs to be taken. Since you have already verbally addressed the issue, I would suggest speaking with management and issuing a warning letter to the employee, as well as placing them on a one-month probation period. If there are no improvements during this time, inform the employee that they may need to resign.

I hope that these measures will help the employee reconsider their approach to their job.

Thank you.

From India, Visakhapatnam
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I think such a person should not be transferred but terminated.

The hotel industry is service-oriented, and one bad experience of a guest proves costly. Let him file a FIR for employee harassment, if he can. It's an empty threat. He will find it impossible to do so. Anyway, I am sure your management has relations with the cops as every hotel does.

You need to hold a domestic inquiry in relation to his misconduct. Also, refer him to the senior management for a warning and counseling as he has been there for long. However, document everything, especially his wrong actions, arrival time, refusal to follow instructions, etc.

Make sure you follow the requirements of standing orders or other procedures that may apply.

From India, Mumbai
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It is purely an administrative decision to transfer an employee from one department to another or from one unit to another. Furthermore, it is as per the terms of his engagement. Therefore, if an employee does not comply with the same, disciplinary actions could be taken against him. After the inquiry, based on the Inquiry Report, appropriate action could be taken depending upon the nature of misconduct committed by him. However, all actions should be taken subject to approval of the Competent Authority and subject to compliance of laws.
From India, Delhi
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Dear Vishal,

You can handle everything properly by following a systematic approach. You have two options: either issue the first warning letter or proceed with a PIP (Performance Improvement Plan). This will ensure that you are legally protected in case any legal issues arise in the future.

Regards,
Abhishek

From India, Ujjain
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Transfer is management prerogative. If you mention in the order as exigencies of work only than he has to accept it and has to join in the transferred deptt. But when you mention the transfer on the ground of the allegation as you mentioned then it will not stand in the court of law since it comes under the disciplinary punishment.
Then you have to issue a show cause notice on the allegation you have mentioned and then called for his written explanation and if necessary you have to install departmental enquiry and then you can transfer him as a punishment.
That’s it.

From India, Hyderabad
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Dear Senior,

Thanks to all for valuable suggestion & advice..

But I little confused for the same

What first I have to do in this case, refused transfer letter sent by registered post

to his permanent & present address after that if he not agree then warning letter will be issue him ,even if he doesn’t agree to work according to instruction which mention in transfer letter then I shall issue him show cause notice for the explanation then inquiry report .

our organization have employee union & transferred employee also from employee union ,if any thing wrong then they will create issue in premises .

Note I have mention on transfer letter for work & better controls another department ,transferred employee designation –Team Leader.

In past time ,union leader attacked on HR manager in peak season because HR manger called the police for major problem creator union employee against their misconduct but matter has been resolved by the management by taking lenient stance due situation of peak season & providing better guest service. No charges were framed against certain union employees.

Now today, transferred employee on without intimation absent from duty , as per information by Labour department ,he has submitted his application related to employee harassment to DLC . How can I terminate that employee legally (after giving one month notice period or wages) without any issue?

Regards,

Vishal

From India, Haldwani
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In the present case, refusal of a transfer order comes under disciplinary code, even though your reasons for transfer and whether they will stand in the court of law is a different issue. Right now, you are relying on the refusal of the transfer order and issuing a memo to him. If he is also absent from work, then combined together (refusal as well as unauthorized absenteeism), issue a memo and call for an explanation.

Regarding his complaint before DCL, that is a different subject that you have to deal with separately. Right now, you cannot terminate his services without valid grounds.

From India, Hyderabad
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