Dear HR Professionals,
I need your help. If an employee has been issued a transfer order post the discussion with the HR, but the employee has outrightly refused to accept the transfer and is also not willing to resign. The HR has also shared the reason for the transfer, but all in vain. The employment terms include a transfer clause as well.
Can termination/discontinuation of service be done in this case? Can someone share the format of the termination letter?
Regards,
Khushbu
From India, Pune
Acknowledge(0)
Amend(0)
I need your help. If an employee has been issued a transfer order post the discussion with the HR, but the employee has outrightly refused to accept the transfer and is also not willing to resign. The HR has also shared the reason for the transfer, but all in vain. The employment terms include a transfer clause as well.
Can termination/discontinuation of service be done in this case? Can someone share the format of the termination letter?
Regards,
Khushbu
From India, Pune
Acknowledge(0)Amend(0)
No employed person is terminated without giving him/her a reasonable opportunity to defend his/her actions. In this case, his/her refusal to accept a transfer order and resume duties at the designated place/job location to which s/he has been duly transferred should not affect his/her emoluments and terms of employment.
This is done by issuing a show cause/explanation letter/charge-sheet, asking him/her to submit a written explanation/reply as to why necessary further disciplinary action steps should not be taken for the act of misconduct of refusing management/employer's order (which need not be arbitrary). An internal inquiry is then held in accordance with the principles of natural justice, providing all reasonable opportunities during the inquiry proceedings to defend his/her actions and the evidence, if any, adduced against him/her and in support of the allegation/charge. Subsequently, the punishing authority applies his/her mind to award proportionate punishment for the proven act of misconduct.
What if the settled and prescribed procedures are not followed? For mala-fide intent or violations/denials of natural justice, disproportionate punishment, arbitrary acts, or perverse inquiry findings, etc., the judiciary is likely to reverse the management's order if found to be wrong, illegitimate, unlawful, and unacceptable.
Let wisdom and scruple prevail.
Kritarth Team, 27.11.18
From India, Delhi
Acknowledge(0)Amend(0)
214This is done by issuing a show cause/explanation letter/charge-sheet, asking him/her to submit a written explanation/reply as to why necessary further disciplinary action steps should not be taken for the act of misconduct of refusing management/employer's order (which need not be arbitrary). An internal inquiry is then held in accordance with the principles of natural justice, providing all reasonable opportunities during the inquiry proceedings to defend his/her actions and the evidence, if any, adduced against him/her and in support of the allegation/charge. Subsequently, the punishing authority applies his/her mind to award proportionate punishment for the proven act of misconduct.
What if the settled and prescribed procedures are not followed? For mala-fide intent or violations/denials of natural justice, disproportionate punishment, arbitrary acts, or perverse inquiry findings, etc., the judiciary is likely to reverse the management's order if found to be wrong, illegitimate, unlawful, and unacceptable.
Let wisdom and scruple prevail.
Kritarth Team, 27.11.18
From India, Delhi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Pf name & dob change letter format.doc