Dear All Seniors,
I would like to know if a company can ask an employee to resign or take action against an employee who refused the transfer from one branch to another branch, even if it is mentioned in the Appointment Letter.
Kindly revert. I need a reply on an urgent basis.
Thanks & regards,
Meera
From India, Mumbai
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I would like to know if a company can ask an employee to resign or take action against an employee who refused the transfer from one branch to another branch, even if it is mentioned in the Appointment Letter.
Kindly revert. I need a reply on an urgent basis.
Thanks & regards,
Meera
From India, Mumbai
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Dear All, Awaiting for your reply. Its really urgent Thanks & regards, Meera
From India, Mumbai
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From India, Mumbai
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Hi,
Please mention the transfer or deputation clause which is already mentioned in the appointment letter in the transfer letter. Kindly issue the transfer letter if it has not been received, and then send it to the postal address before taking any action.
Thank you.
From India, undefined
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4Please mention the transfer or deputation clause which is already mentioned in the appointment letter in the transfer letter. Kindly issue the transfer letter if it has not been received, and then send it to the postal address before taking any action.
Thank you.
From India, undefined
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If the appointment letter consists of a transfer clause, then the employee is liable to accept the posting. Failing to do so amounts to disobedience of orders warranting action. Having said this, I advise you to resolve such issues on a win-win basis as the concerned employee may consider resignation or may cease coming to the office. Please inquire as to why the employee is reluctant to go to the new place of posting and whether the issue can be addressed within the framework of your policies or discretion.
B. Saikumar HR & Labour Law Advisor Navi Mumbai
From India, Mumbai
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B. Saikumar HR & Labour Law Advisor Navi Mumbai
From India, Mumbai
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Dear Sir,
Thank you for your guidance.
We have a Sales Outbound process, and for the last 1+ year, our Goa branch has been running at a loss. Consequently, the company delayed the salary for 7-8 days due to a shortage of funds, which was duly communicated to the employees. However, this month, the employees went on strike for 1.5 days. When my Directors rushed to Goa, they explained the situation and assured the employees that salaries would be paid, although there might be delays, and the company would require cooperation from the employees. Subsequently, they resumed work. Unfortunately, the entire team slowed down business operations and produced lower results compared to previous months. On 23rd January, our Sales Manager in Goa tendered his resignation with a 1-month notice period.
To facilitate business operations, my Directors have decided to relocate the entire unit to Mumbai.
Thank you.
From India, Mumbai
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Thank you for your guidance.
We have a Sales Outbound process, and for the last 1+ year, our Goa branch has been running at a loss. Consequently, the company delayed the salary for 7-8 days due to a shortage of funds, which was duly communicated to the employees. However, this month, the employees went on strike for 1.5 days. When my Directors rushed to Goa, they explained the situation and assured the employees that salaries would be paid, although there might be delays, and the company would require cooperation from the employees. Subsequently, they resumed work. Unfortunately, the entire team slowed down business operations and produced lower results compared to previous months. On 23rd January, our Sales Manager in Goa tendered his resignation with a 1-month notice period.
To facilitate business operations, my Directors have decided to relocate the entire unit to Mumbai.
Thank you.
From India, Mumbai
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So we have gone to Goa and communicated personally to our employees about the same. We informed them that when they will shift in Mumbai company will provide them travelling allowance and 3-5 days stay in hotel so that they can search for rental house or PG. If more employees are willing to come and join us then company can think about providing them accommodation also.
Employees were agreed but the Manager provoked them for not to signing on Transfer Letter so all employees refused to sign Transfer Letters.
I would like to know can company ask them to resign if they can’t move in Mumbai and process is already being shifted here? What would be the next action company has to take? Is company liable to pay 1 month extra salary to them evenif employees they have intentionally slower down the business and in this whole month they have not given business?
Please reply. Ineed your assistance on an urgent basis.
Thanks & regards,
Meera
From India, Mumbai
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Employees were agreed but the Manager provoked them for not to signing on Transfer Letter so all employees refused to sign Transfer Letters.
I would like to know can company ask them to resign if they can’t move in Mumbai and process is already being shifted here? What would be the next action company has to take? Is company liable to pay 1 month extra salary to them evenif employees they have intentionally slower down the business and in this whole month they have not given business?
Please reply. Ineed your assistance on an urgent basis.
Thanks & regards,
Meera
From India, Mumbai
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Also, can the company sue them for breach of contract as the transfer clause is mentioned in their appointment letters, and they have agreed to and signed it but are now refusing to get transferred?
Please guide.
Thanks & regards,
Meera
From India, Mumbai
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Please guide.
Thanks & regards,
Meera
From India, Mumbai
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This may take the form of an industrial relations issue. What I understand is that the transfers are not in the natural course of administrative need but out of the compulsion of shifting the employees from Goa to Mumbai, and probably you would be closing the branch there. If you blame the employees for slowing down the work, you also have your share of blame in not paying salaries to the employees for having worked. Then how do you defend your action? This is an industrial relations issue. Try to solve it amicably by talking to them across the table and exploring various peaceful options, including offering the choice of resignation to willing employees, instead of rushing to do something hasty that may lead to industrial dispute.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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Dear Sir,
We have paid the salaries, but it got delayed by 7-8 days. We moved the process here for ease of business so that they can be monitored and guided properly for improvement. Also, as they have slowed down the business, and the company is not earning a sufficient amount to pay salaries, transportation, electricity, rent, etc., at least we can save operational costs. Instead of shutting down, we have given them the opportunity to come and join us in Mumbai so that their employment can continue.
However, they have refused the transfer. I would like guidance on what the next step the company has to take is.
Kindly reply.
Thanks & regards,
Meera
From India, Mumbai
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We have paid the salaries, but it got delayed by 7-8 days. We moved the process here for ease of business so that they can be monitored and guided properly for improvement. Also, as they have slowed down the business, and the company is not earning a sufficient amount to pay salaries, transportation, electricity, rent, etc., at least we can save operational costs. Instead of shutting down, we have given them the opportunity to come and join us in Mumbai so that their employment can continue.
However, they have refused the transfer. I would like guidance on what the next step the company has to take is.
Kindly reply.
Thanks & regards,
Meera
From India, Mumbai
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Madam,
The issue of delay in salary payment and action of resorting to a strike by Goa employees is over now. The law provides punishment to erring employees if any lawful order is not complied with. As a business strategy, if the Goa operation is not viable, what can you do with the office, assets, and staff there? The employment terms/service rules must have a transfer clause as well. Please check and issue a transfer letter citing the reference of the said written clause. Before transferring personnel, you should carefully do strategic planning and then act on the transfer.
Whether the operation in Goa is to be closed permanently or it is a temporary phase, if your management needs some time to make an assessment using the wait-and-watch formula for a few months, your management should not transfer and unnecessarily disturb employees, inviting industrial relation problems. If you do so, employees will approach the labour court, tribunal, or labour department. Suppose a dispute is ongoing during the pendency of any industrial dispute before the court, tribunal, or labour conciliation. In that case, you cannot change service conditions without prior approval from the respective authority where the dispute has been pending. That is a restriction that takes a route and time as well.
Regards,
RDS Yadav
From India, Delhi
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The issue of delay in salary payment and action of resorting to a strike by Goa employees is over now. The law provides punishment to erring employees if any lawful order is not complied with. As a business strategy, if the Goa operation is not viable, what can you do with the office, assets, and staff there? The employment terms/service rules must have a transfer clause as well. Please check and issue a transfer letter citing the reference of the said written clause. Before transferring personnel, you should carefully do strategic planning and then act on the transfer.
Whether the operation in Goa is to be closed permanently or it is a temporary phase, if your management needs some time to make an assessment using the wait-and-watch formula for a few months, your management should not transfer and unnecessarily disturb employees, inviting industrial relation problems. If you do so, employees will approach the labour court, tribunal, or labour department. Suppose a dispute is ongoing during the pendency of any industrial dispute before the court, tribunal, or labour conciliation. In that case, you cannot change service conditions without prior approval from the respective authority where the dispute has been pending. That is a restriction that takes a route and time as well.
Regards,
RDS Yadav
From India, Delhi
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