I am working as an Associate Professor, head of the department in a reputed private deemed to be a multi-campus University. Without my knowledge or interest, transfer order to another campus B came suddenly. To be reported within two weeks. The justification given is not convincing to me. Mostly the management did it under the pressure of my superior. Can my transfer be considered an unfair labour policy? Short notice and demotion. How to proceed legally?
From India, Visakhapatnam
From India, Visakhapatnam
Dear Prof Murthy,
My comments on your post are as follows:
a) Have you checked your appointment letter? Is there a clause on the transfers? If yes, what does it say? Generally, it is written that "the administration of ______ (company's name) reserves the right to transfer you from one department to another or from one subsidiary of the company to another. The decision to transfer an employee is as per the administrative requirements and it will be mandatory to abide by the transfer order."
b) It is not mandatory for the management to take the employee into confidence before issuing the transfer order. If the decision made is in good faith, then the employee may be confided with the decision, otherwise, not.
c) How far away is the new place? Is it in the same city or a different city? Why are you disinclined to be transferred?
d) The employee transfer may appear normal on the paper but it could have some different connotations as well. It is the indirect method of getting rid of a person who becomes the thorn in the flesh of the reporting authority. Because of the spouse's employment, children's education, other domestic reasons, etc., the employee becomes rooted in the city where he/she works. Under such circumstances, an unfavourable condition of transfer leaves no room for the employee to manoeuvre. The transfer is an age-old tactic of the management to settle the score with the employee.
Solution: - The only remedy is to submit an application and ask for the revocation of the transfer order. Request an interview of the highest authority, such as the Secretary or President. However, if the authority remains unyielding, then joining the new place or quitting the employment are the two options.
Thanks,
Dinesh Divekar
From India, Bangalore
7883My comments on your post are as follows:
a) Have you checked your appointment letter? Is there a clause on the transfers? If yes, what does it say? Generally, it is written that "the administration of ______ (company's name) reserves the right to transfer you from one department to another or from one subsidiary of the company to another. The decision to transfer an employee is as per the administrative requirements and it will be mandatory to abide by the transfer order."
b) It is not mandatory for the management to take the employee into confidence before issuing the transfer order. If the decision made is in good faith, then the employee may be confided with the decision, otherwise, not.
c) How far away is the new place? Is it in the same city or a different city? Why are you disinclined to be transferred?
d) The employee transfer may appear normal on the paper but it could have some different connotations as well. It is the indirect method of getting rid of a person who becomes the thorn in the flesh of the reporting authority. Because of the spouse's employment, children's education, other domestic reasons, etc., the employee becomes rooted in the city where he/she works. Under such circumstances, an unfavourable condition of transfer leaves no room for the employee to manoeuvre. The transfer is an age-old tactic of the management to settle the score with the employee.
Solution: - The only remedy is to submit an application and ask for the revocation of the transfer order. Request an interview of the highest authority, such as the Secretary or President. However, if the authority remains unyielding, then joining the new place or quitting the employment are the two options.
Thanks,
Dinesh Divekar
From India, Bangalore
If you believe that your transfer and demotion are unfair and potentially violate labor policies, you may have grounds to challenge them legally. Here are steps you can take to proceed:
Review Company Policies and Employment Contract: Start by reviewing your employment contract and any company policies or employee handbooks that outline the procedures for transfers and demotions. Pay attention to any clauses related to notice periods, job changes, and dispute resolution processes.
Document the Situation: Keep records of all relevant communications, including emails, memos, and conversations related to your transfer and demotion. Note down dates, times, and details of any discussions or decisions made.
Seek Legal Advice: Consider consulting with an employment lawyer or labor law specialist who can assess your situation and provide guidance on your legal rights and options. They can help you understand whether your transfer and demotion constitute unfair labor practices and what steps you can take to address them.
Raise Concerns with HR or Management: If you feel comfortable doing so, raise your concerns with your HR department or management team. Provide them with specific reasons why you believe the transfer and demotion are unfair or unjustified. They may be willing to reconsider their decision or provide an explanation for the changes.
File a Grievance or Complaint: If informal discussions do not resolve the issue, you may consider filing a formal grievance or complaint through your company's internal dispute resolution process. Follow the procedures outlined in your company policies or employment contract for lodging complaints.
Explore Mediation or Arbitration: In some cases, mediation or arbitration may be an option to resolve disputes outside of the court system. This involves bringing in a neutral third party to facilitate discussions and help reach a resolution.
Consider Legal Action: If all other avenues have been exhausted and you believe you have a strong case, you may choose to pursue legal action through the courts. Your employment lawyer can advise you on the best course of action and represent you in legal proceedings if necessary.
It's essential to act promptly and carefully consider your options before taking any legal action. Keep in mind that labor laws and regulations vary by jurisdiction, so it's important to seek legal advice that is specific to your location and circumstances.
From India, Mumbai
Review Company Policies and Employment Contract: Start by reviewing your employment contract and any company policies or employee handbooks that outline the procedures for transfers and demotions. Pay attention to any clauses related to notice periods, job changes, and dispute resolution processes.
Document the Situation: Keep records of all relevant communications, including emails, memos, and conversations related to your transfer and demotion. Note down dates, times, and details of any discussions or decisions made.
Seek Legal Advice: Consider consulting with an employment lawyer or labor law specialist who can assess your situation and provide guidance on your legal rights and options. They can help you understand whether your transfer and demotion constitute unfair labor practices and what steps you can take to address them.
Raise Concerns with HR or Management: If you feel comfortable doing so, raise your concerns with your HR department or management team. Provide them with specific reasons why you believe the transfer and demotion are unfair or unjustified. They may be willing to reconsider their decision or provide an explanation for the changes.
File a Grievance or Complaint: If informal discussions do not resolve the issue, you may consider filing a formal grievance or complaint through your company's internal dispute resolution process. Follow the procedures outlined in your company policies or employment contract for lodging complaints.
Explore Mediation or Arbitration: In some cases, mediation or arbitration may be an option to resolve disputes outside of the court system. This involves bringing in a neutral third party to facilitate discussions and help reach a resolution.
Consider Legal Action: If all other avenues have been exhausted and you believe you have a strong case, you may choose to pursue legal action through the courts. Your employment lawyer can advise you on the best course of action and represent you in legal proceedings if necessary.
It's essential to act promptly and carefully consider your options before taking any legal action. Keep in mind that labor laws and regulations vary by jurisdiction, so it's important to seek legal advice that is specific to your location and circumstances.
From India, Mumbai
Sir You nailed it. Thank you very much. Option d) was my case and I am quitting. Because relocating to new place, my manager will not leave me alone there also
From India, Visakhapatnam
From India, Visakhapatnam
You are not a labour who will get the protection of Industrial Disputes Act. Therefore, the only possibility is to file a writ for violation of contract of employment. In general, the transfer is considered to be a management prerogative, and being a multi centre establishment, transfer cannot be defended. But basic thing is that your establishment is not an industry, more than that you are not a workman under the ID Act.
From India, Kannur
From India, Kannur
First and foremost it shall be clearly understood the applicability of relevant act to you under your service conditions. Unless and until this is clarified no appropriate suggestion will emerge. Better consult an advocate with your records and then decide. However, in matters of transfers employer will have a better say.
From India, Bangalore
From India, Bangalore
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