Hi, I am working for an Indian insurance company. Recently, they transferred me to a new location which is some 900 kms away from my home and present work location. I told them that I am the father of a month-old baby and also the health of my mom is not good, so I won't go due to these family problems. They are asking me to leave. I said that I won't leave and nor am I in a position to relocate. I told the management that if the company wants, it can give me notice and terminate me.
My question is - is this a safe approach?
From India, Bangalore
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1My question is - is this a safe approach?
From India, Bangalore
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Dear Friend,
Every organization has its own transfer policy. I think in your appointment, the said clause regarding transfer might be there. Generally, management, which has multiple business centers, will transfer their employees from one place to another depending upon work exigencies. So, management has the right to do this. At the same time, the reasons for such transfers should be genuine and free from any act of victimization by the employer. In your case, whether the management's action in transferring you to a new place 900 KM away from your present location is genuine or not, we do not know.
Generally, in any company, lower cadre employees such as clerks, peons, watch and ward, and security guards will not be transferred from one place to another. Only higher cadre employees such as branch in charge, key accounts persons, or HR employees will be considered for transfer for various reasons. In your case, you have to consider these factors. How are your relations with management these days? Do you have a cordial relationship with your boss or supervisors? What about your job performance? Are you actively involved in union activities?
Even if you are unaware of the exact reason for your transfer, you should meet with your HR Department or your immediate boss and seek their help or advice in withdrawing the transfer order issued by management. Convince them by explaining the problems you are currently facing. If they consider your request favorably, that's good. Otherwise, the management's decision will be final, and if they transfer you for genuine work exigencies, you have no other option but to report for duty at the new location or consider quitting if it is difficult for you to relocate. In such a situation, you may request the management to extend the joining duty time at the new location while you search for another job in your current area and resign thereafter if you choose to do so.
However, you cannot challenge the management's decision if they transfer you for genuine reasons. Refusing to accept the transfer order may lead to departmental action based on insubordination, as per the provisions of the standing orders or service rules of the company, and they may terminate your services eventually.
Regards
From India, Hyderabad
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Every organization has its own transfer policy. I think in your appointment, the said clause regarding transfer might be there. Generally, management, which has multiple business centers, will transfer their employees from one place to another depending upon work exigencies. So, management has the right to do this. At the same time, the reasons for such transfers should be genuine and free from any act of victimization by the employer. In your case, whether the management's action in transferring you to a new place 900 KM away from your present location is genuine or not, we do not know.
Generally, in any company, lower cadre employees such as clerks, peons, watch and ward, and security guards will not be transferred from one place to another. Only higher cadre employees such as branch in charge, key accounts persons, or HR employees will be considered for transfer for various reasons. In your case, you have to consider these factors. How are your relations with management these days? Do you have a cordial relationship with your boss or supervisors? What about your job performance? Are you actively involved in union activities?
Even if you are unaware of the exact reason for your transfer, you should meet with your HR Department or your immediate boss and seek their help or advice in withdrawing the transfer order issued by management. Convince them by explaining the problems you are currently facing. If they consider your request favorably, that's good. Otherwise, the management's decision will be final, and if they transfer you for genuine work exigencies, you have no other option but to report for duty at the new location or consider quitting if it is difficult for you to relocate. In such a situation, you may request the management to extend the joining duty time at the new location while you search for another job in your current area and resign thereafter if you choose to do so.
However, you cannot challenge the management's decision if they transfer you for genuine reasons. Refusing to accept the transfer order may lead to departmental action based on insubordination, as per the provisions of the standing orders or service rules of the company, and they may terminate your services eventually.
Regards
From India, Hyderabad
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Thank you. I answered almost all my questions, and I will proceed as per your suggestion. One more thing: my performance is not bad, and my relationship with my manager is also not bad. However, when I refused to move and continued reporting to my current location, he escalated my refusal to HR. HR then emailed me, stating that it would be deemed a violation of company guidelines. I replied to HR explaining the issues and questioning how this could be a violation, as I had been informing the company about my problems from the beginning. After that, I did not receive any further replies. In the meantime, my colleague informed my manager that I was planning to stay until the company terminates me. This disclosure further upset my manager, leading him to escalate the issue to top management. He also claimed that my email to HR was offensive and ultimately gave me the ultimatum to either relocate or resign.
From India, Bangalore
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From India, Bangalore
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(Fact Check Failed/Partial)-The user's reply contains inaccuracies. The refusal to relocate due to family reasons does not constitute a violation of company guidelines. The manager's actions need to align with labor laws regarding termination.
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Dear Friend,
Mr. N.V. Rao nicely explained. I just want to add one point – that you might be facing 1000 family problems, but facing these problems also adds to your experience. As per the policy, management's decision is absolutely right. You have already violated the Code of Conduct of the company. Here's what you should do: send a letter to management, apologize, and then report for duty in your new place. It is for the betterment of your career; otherwise, they will continue transferring you from one place to another in the near future. I had a co-worker who was transferred 14 times in the last 3.5 years solely due to a bitter relationship with management. I always follow one rule: whether I am working there or not is immaterial; what matters is that my relationship with my present and previous employers should always be good. All the best, dear.
From India, Kolkata
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Mr. N.V. Rao nicely explained. I just want to add one point – that you might be facing 1000 family problems, but facing these problems also adds to your experience. As per the policy, management's decision is absolutely right. You have already violated the Code of Conduct of the company. Here's what you should do: send a letter to management, apologize, and then report for duty in your new place. It is for the betterment of your career; otherwise, they will continue transferring you from one place to another in the near future. I had a co-worker who was transferred 14 times in the last 3.5 years solely due to a bitter relationship with management. I always follow one rule: whether I am working there or not is immaterial; what matters is that my relationship with my present and previous employers should always be good. All the best, dear.
From India, Kolkata
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(Fact Check Failed/Partial)-The user reply contains incorrect information regarding the employee violating the company's Code of Conduct and the management's decision being absolutely right. In this scenario, the legality and fairness of the company's actions should be considered, especially in light of family responsibilities.
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Dear Mr. basunermanji,
You have not mentioned clearly whether your company is a private sector or public sector. In the public sector, the influence of associations can be utilized to stay back at the present location. However, for your growth, you are required to relocate, or you can join your family once in 10 days or so.
Regards
From India, Hyderabad
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You have not mentioned clearly whether your company is a private sector or public sector. In the public sector, the influence of associations can be utilized to stay back at the present location. However, for your growth, you are required to relocate, or you can join your family once in 10 days or so.
Regards
From India, Hyderabad
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(Fact Check Failed/Partial)-[B]Response[/B]: The user's reply contains incorrect information. In India, both private and public sector employees have legal protections against arbitrary transfers. You have the right to challenge the transfer on genuine grounds like family responsibilities. Seeking legal advice or involving labor unions can also be beneficial. [B]Amendment[/B]: true
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His post clearly shows that he is in a Pvt Ltd company, and in a private company, nobody allows leave once in 10 days or so. A 900 Km distance means two days will clearly be wasted for the To & Fro journey, and he certainly needs a minimum of 5-6 days of leave. 5-6 days of leave after 10 days? No way. Rather, he should prepare himself keeping in mind that he can take leave every 4-5 months.
Mr. Basu, I hope you are well qualified. Just go and join there, and at the same time, give your all-out effort to change the job in your locality. You will certainly get a good opportunity. But please do not take leave every 10 days. It can be more harmful to your career. You have already spoiled your relationship with your Senior Management. Try to repair your fault; otherwise, they can transfer you again within 3-4 months to another location, which may be 2000 km or more from your hometown.
From India, Kolkata
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Mr. Basu, I hope you are well qualified. Just go and join there, and at the same time, give your all-out effort to change the job in your locality. You will certainly get a good opportunity. But please do not take leave every 10 days. It can be more harmful to your career. You have already spoiled your relationship with your Senior Management. Try to repair your fault; otherwise, they can transfer you again within 3-4 months to another location, which may be 2000 km or more from your hometown.
From India, Kolkata
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(Fact Check Failed/Partial)-The user reply contains incorrect information regarding leave policies in private companies. It is essential to consider legal rights and options in this situation.
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Just to add to what has already been said, it is very difficult for an employee to challenge the decision of management. It would cost you enormously on several fronts, including time and money, and generally, employees would not be in a position to afford it. Management can easily fight against their employees as it doesn't cost them anything, however wrong they may be or if they decide to harass the employees, whereas employees would have to spend from their own pockets. Even by some miracle if you win the case, it would not be worth it. So, I suggest you either accept it and move on or don't like it, but still move on. Put the burden on God, accept the orders as His will, and hope for the best at your new place of posting. All the best.
From India, Thane
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From India, Thane
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(Fact Check Failed/Partial)-The user's reply contains incorrect information. It is important to know that employees have legal rights and options in such situations. It is advisable to seek legal counsel or contact relevant labor authorities for guidance.
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Dear Basunermanji,
As I understand yours is Insurance company, hence there might be frequent transfer for Branch level based on the need of the business. Looking in the you overall situation, I recommend following:
Now you have only three options:
Option 1: Convince HR and your immediate supervisor for your need and limitations, assure your high productivity, when you would be ready for transfer give them proper dates. (definitely your HR/Immediate supervisor will understand and stop transfer if they consider you as asset than liability)
Option 2 : Get transfer to new location which is 900 km away from your home location.
Option 3: Separation from the employment (here you have 2 choice)
* Choice 1: Termination from the Company.
* Choice 2: Self resignation, by mentioning the transfer reason. (Ask for some more period of notice period if possible, start looking for new job)
If option 1 and option 2 are not suitable/possible then, you are left with only option 3 (Where you have 2 choices). I will suggest you to ask for some more periods from the HR department till you search for suitable job. Generally, for good/top performers companies are giving such additional period on humanitarian ground.
(I will not suggest you for 1st choice of termination, as this will be on the records of the company, and near future, while background check it will be revealed that you were terminated, which will not be good for your candidature in new/future organization. hence better option is separation by way of resignation)
Experts says: “Love your JOB not the COMPANY, you never know when company stops loving you.”
HR Department
BrainLight HR Solutions
From India, Mumbai
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As I understand yours is Insurance company, hence there might be frequent transfer for Branch level based on the need of the business. Looking in the you overall situation, I recommend following:
Now you have only three options:
Option 1: Convince HR and your immediate supervisor for your need and limitations, assure your high productivity, when you would be ready for transfer give them proper dates. (definitely your HR/Immediate supervisor will understand and stop transfer if they consider you as asset than liability)
Option 2 : Get transfer to new location which is 900 km away from your home location.
Option 3: Separation from the employment (here you have 2 choice)
* Choice 1: Termination from the Company.
* Choice 2: Self resignation, by mentioning the transfer reason. (Ask for some more period of notice period if possible, start looking for new job)
If option 1 and option 2 are not suitable/possible then, you are left with only option 3 (Where you have 2 choices). I will suggest you to ask for some more periods from the HR department till you search for suitable job. Generally, for good/top performers companies are giving such additional period on humanitarian ground.
(I will not suggest you for 1st choice of termination, as this will be on the records of the company, and near future, while background check it will be revealed that you were terminated, which will not be good for your candidature in new/future organization. hence better option is separation by way of resignation)
Experts says: “Love your JOB not the COMPANY, you never know when company stops loving you.”
HR Department
BrainLight HR Solutions
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies regarding the rights and obligations of the employee in the scenario described.