I just came across a scenario wherein an employee is recruited for a particular job position. After 2 years, management decided that no more that job poistion is required, hence they abolished the same and asked that person to move to other department. But that concerned person is refused to accept the new department.
Are there any legal issues involved in this case? Whether the concerned person can approach labour court in this case
From India, Coimbatore
Are there any legal issues involved in this case? Whether the concerned person can approach labour court in this case
From India, Coimbatore
Dear Rajesh S,
What clause about transfer has been mentioned in the appointment letter issued to the employee? Many companies include the following clause:
Your services are liable to be transferred from one department to another, from one place to another place, and also liable to be transferred to any place, associate company’s subsidiary organisations or any company wherever the interest of the principal in India, and also your services are liable for deputation or loan to other organisation in which the management may have an interest.
In the above paragraph, the verbiage about the transfer clause is clear. If this type of clause is included in the letter of appointment, then the company's administration can issue the transfer order (TO). The conditions of TO are binding on the employee, and if he/she does oblige to the conditions, then the administration can initiate disciplinary action against the employee.
However, the above-mentioned approach is of negative discipline. Counsel the employee and explain to the employee that the administration does not wish to have any conflict with the employee. The transfer is in the interest of both the employee and the company. Therefore, he/she should not create conditions wherein his/her exit from the company happens on a bitter note.
Thanks,
Dinesh Divekar
From India, Bangalore
7877What clause about transfer has been mentioned in the appointment letter issued to the employee? Many companies include the following clause:
Your services are liable to be transferred from one department to another, from one place to another place, and also liable to be transferred to any place, associate company’s subsidiary organisations or any company wherever the interest of the principal in India, and also your services are liable for deputation or loan to other organisation in which the management may have an interest.
In the above paragraph, the verbiage about the transfer clause is clear. If this type of clause is included in the letter of appointment, then the company's administration can issue the transfer order (TO). The conditions of TO are binding on the employee, and if he/she does oblige to the conditions, then the administration can initiate disciplinary action against the employee.
However, the above-mentioned approach is of negative discipline. Counsel the employee and explain to the employee that the administration does not wish to have any conflict with the employee. The transfer is in the interest of both the employee and the company. Therefore, he/she should not create conditions wherein his/her exit from the company happens on a bitter note.
Thanks,
Dinesh Divekar
From India, Bangalore
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