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? Please 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
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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
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There is no specific law regarding the transfer of employees. Transfer is purely a managerial prerogative. As such, the employee is expected to obey the transfer order. However, when an employee is transferred to a department which offers a lesser salary and prospects, he can challenge it. An employer cannot reduce the salary of any employee without a valid reason. The only acceptable reason is as a punishment, which can only be awarded after giving the employee an opportunity to be heard in a domestic enquiry following the issuance of a show cause notice/charge sheet. If there are no such charges and no enquiry has been conducted, the employee is not obliged to accept the transfer order.
As already mentioned, there is no law that directly governs the transfer of employees. The Standard Operating Procedure (SOP) concerning transfers will be outlined in the Certified Standing Orders of the company. In the absence of standing orders, the appointment orders will govern the process. If the appointment order does not address transfers, it can be considered as a change in service conditions. Any alteration in service conditions would necessitate a notice under Section 9A of the Industrial Disputes Act as well.
One crucial point to consider is that you should not expect an immediate answer to all your questions. Different opinions will surface on the issue, and ultimately, you will gather various ideas, but patience is required. Therefore, I kindly request you to wait and consider other comments.
From India, Kannur
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4767As already mentioned, there is no law that directly governs the transfer of employees. The Standard Operating Procedure (SOP) concerning transfers will be outlined in the Certified Standing Orders of the company. In the absence of standing orders, the appointment orders will govern the process. If the appointment order does not address transfers, it can be considered as a change in service conditions. Any alteration in service conditions would necessitate a notice under Section 9A of the Industrial Disputes Act as well.
One crucial point to consider is that you should not expect an immediate answer to all your questions. Different opinions will surface on the issue, and ultimately, you will gather various ideas, but patience is required. Therefore, I kindly request you to wait and consider other comments.
From India, Kannur
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You can transfer employees from one department to other departments, provided the employees carry the required work skills of the department but can't reduce the salary and wages. Besides salary, some allowances are paid for certain departments but not for all departments, which can be cut off on transfer.
It's purely illegal to reduce the salary and wages because the wages and salary paid to employees are agreed terms between the employees and employer. Transfers are not governed under any law, but conditions of services are part of the ID Act.
From India, Mumbai
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It's purely illegal to reduce the salary and wages because the wages and salary paid to employees are agreed terms between the employees and employer. Transfers are not governed under any law, but conditions of services are part of the ID Act.
From India, Mumbai
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