Dear All,
I have Join my company on 2nd September, 2013 at Ahmedabad branch and after 10 days the management informed me to transfer few employees including me from ahmedabad branch to Surat. they have not gave any written notice to any. I never want to go surat as I have all my life set-up in ahmedabad.
so please advice me in this situation what to do?
From India, Ahmedabad
2I have Join my company on 2nd September, 2013 at Ahmedabad branch and after 10 days the management informed me to transfer few employees including me from ahmedabad branch to Surat. they have not gave any written notice to any. I never want to go surat as I have all my life set-up in ahmedabad.
so please advice me in this situation what to do?
From India, Ahmedabad
Some more information required here. Whether your and of others appointment order has any clause of transfer? What type of industry it is. Whether there are branches and last whether such transfers were effected by your company earlier. These points will help up to ascertain the problem
Adv. K. H. Kulkarni
From India, Kolhapur
Adv. K. H. Kulkarni
From India, Kolhapur
Dear Kulkarni Sir,
At the time of joining they have gave me only offer letter and not mention about transfer policy, appointment letter is with me and I never gave back with my acceptance. the company is in Lifts and Escalator business, I'm handling all Gujarat branches ( total 3 branches in gujarat) offices from ahmedabad. No this is the first time they take this type of decision due to low business in ahmedabad.
Regards,
Bharat
From India, Ahmedabad
At the time of joining they have gave me only offer letter and not mention about transfer policy, appointment letter is with me and I never gave back with my acceptance. the company is in Lifts and Escalator business, I'm handling all Gujarat branches ( total 3 branches in gujarat) offices from ahmedabad. No this is the first time they take this type of decision due to low business in ahmedabad.
Regards,
Bharat
From India, Ahmedabad
If your appointment order is silent over the transfer, then certainly employer cannot force you to go to other place of work. Transfer in private company is essentially a matter of service contract and in your case there is no such a contract.
I suggest you some actions.
1. If any transfer order or letter is given to you, you can receive it. But immediately, make a representation in writing to the authority that you are not ready to accept and follow the transfer order. Mention that there is no such clause in appoint order. Request them to reconsider the same.
2. If your request is not considered, you can approach the Labour Officer for the illegal transfer.
3. Just try to find out whether this is a temporary arrangement so as to finish any pending work at Surat? If so, you can get the things in writing that this is a temporary arrangement for a certain period and you will be called back after that period. etc. If it is a need of hour and for a short or temporary period, you may consider it also.
From India, Kolhapur
I suggest you some actions.
1. If any transfer order or letter is given to you, you can receive it. But immediately, make a representation in writing to the authority that you are not ready to accept and follow the transfer order. Mention that there is no such clause in appoint order. Request them to reconsider the same.
2. If your request is not considered, you can approach the Labour Officer for the illegal transfer.
3. Just try to find out whether this is a temporary arrangement so as to finish any pending work at Surat? If so, you can get the things in writing that this is a temporary arrangement for a certain period and you will be called back after that period. etc. If it is a need of hour and for a short or temporary period, you may consider it also.
From India, Kolhapur
What is the transfer terms in your appointment letter, most of the companies give transfer within the State/Outside State too. There is only two option available with you either to accept or not to accept.
Since you are in probation you do not require notice period and its only one month of your career in the present company you can move on.
From India, Ahmadabad
Since you are in probation you do not require notice period and its only one month of your career in the present company you can move on.
From India, Ahmadabad
Dear Kulkarni Sir,
Thank you very much for giving advise.
I have not accepted appointment letter where mentioned "Although you will be based at Ahmedabad, please note that your services are transferable anywhere in India/Abroad", which is not mentioned in Offer letter about any transfer.
The offer letter I received on 16th August and The appointment letter they gave me on 17th September (after declaration of transfer). Appointment letter is with me and not return to management.
1. should I return this appointment letter back without acceptance?
2. If they stop my salary what would be my next step?
3. If they give me any notice regarding separation what should I do?
I have sent below mail on 23rd September:
"Respected Sir,
I joined this company on 2nd September, 2013. When I joined Johnson Lifts I was not informed that the company will be shifting its main brance from Ahemdabad to Surat, It's inoformed me on 13th Septmeber, 2013. I have one humble request that, if Surat is chosen as destination for my posting it will be difficult for me to shift my base to Surat as I am going to get married soon, so I have purchased a house in Ahemdabad and my fiancée is working in Ahemdabad. If I need to visit to Surat and Vadodara once in a week or if my posting is transfer to vadodara ,I will be opting for commuting which will be possible for me with which I will be able to serve your company as well as fulfill my personal commitments . Kindly consider my request which if approved will be win-win situation for both company and me, so kindly make a note of it and take decision accordingly. :
PLEASE ADVISE.
Regards,
Bharat Gadariya
From India, Ahmedabad
Thank you very much for giving advise.
I have not accepted appointment letter where mentioned "Although you will be based at Ahmedabad, please note that your services are transferable anywhere in India/Abroad", which is not mentioned in Offer letter about any transfer.
The offer letter I received on 16th August and The appointment letter they gave me on 17th September (after declaration of transfer). Appointment letter is with me and not return to management.
1. should I return this appointment letter back without acceptance?
2. If they stop my salary what would be my next step?
3. If they give me any notice regarding separation what should I do?
I have sent below mail on 23rd September:
"Respected Sir,
I joined this company on 2nd September, 2013. When I joined Johnson Lifts I was not informed that the company will be shifting its main brance from Ahemdabad to Surat, It's inoformed me on 13th Septmeber, 2013. I have one humble request that, if Surat is chosen as destination for my posting it will be difficult for me to shift my base to Surat as I am going to get married soon, so I have purchased a house in Ahemdabad and my fiancée is working in Ahemdabad. If I need to visit to Surat and Vadodara once in a week or if my posting is transfer to vadodara ,I will be opting for commuting which will be possible for me with which I will be able to serve your company as well as fulfill my personal commitments . Kindly consider my request which if approved will be win-win situation for both company and me, so kindly make a note of it and take decision accordingly. :
PLEASE ADVISE.
Regards,
Bharat Gadariya
From India, Ahmedabad
Dear Bharat Gadariya,
This a peculiar situation where it is not easy to advise you to take a certain decision. Your appointment Order has a transfer clause, hence the complexion of the scene has been drastically changed. In short, your company has a transfer policy. Now, whether you have signed and accepted the appointment or not has in my opinion very little significance. Let us not think of the document you are holding, right at this stage for a while.
I have not understood how much business the company will have in Ahemdabad after shifting to Surat. But if it has, convince them that you can look after the work by staying at Ahemdabad only.
The best way in this situation what I suggest you to meet your superiors and convince them of your inability to go on transfer. But unfortunately if your transfer is still effected, do what your mind says. Here, I am not going to suggest you to approach any legal authority, because that may not help.
Adv. K. H. Kulkarni
From India, Kolhapur
This a peculiar situation where it is not easy to advise you to take a certain decision. Your appointment Order has a transfer clause, hence the complexion of the scene has been drastically changed. In short, your company has a transfer policy. Now, whether you have signed and accepted the appointment or not has in my opinion very little significance. Let us not think of the document you are holding, right at this stage for a while.
I have not understood how much business the company will have in Ahemdabad after shifting to Surat. But if it has, convince them that you can look after the work by staying at Ahemdabad only.
The best way in this situation what I suggest you to meet your superiors and convince them of your inability to go on transfer. But unfortunately if your transfer is still effected, do what your mind says. Here, I am not going to suggest you to approach any legal authority, because that may not help.
Adv. K. H. Kulkarni
From India, Kolhapur
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