Greetings everyone.
I have a few queries related to Corporate employment transfer rules. It would be grateful if someone from the team helps me seek one.
I am working with an organization for the past 15 years now as a Manager in my hometown, which falls under a tier II city. My salary structure and city allowance are as per Tier 2 city. I own a house, and my father stays with me here. Hence, I don't need to pay any house rent other than the home loan.
Now suddenly management has decided to transfer me to another city, which falls under a Tier 1 city within 15 days' notice, and they are restructuring my salary for the new city expenses. Also, they are not providing me any accommodation. I had requested them to at least provide me with a suitable house rent allowance, but they disagree to pay me the same.
The salary which I am getting here in my hometown is already too low. How can they expect me to manage my expenses with that salary in a metro city like Gurgaon/Mumbai? This is a way of forcing me to resign as they can't terminate me since I have worked with the company with honesty and dignity.
I need to know what sort of action they can take against me if I reject the transfer order. Or is there any other way to verbally/legally deal with the situation?
From India, Bardhaman
I have a few queries related to Corporate employment transfer rules. It would be grateful if someone from the team helps me seek one.
I am working with an organization for the past 15 years now as a Manager in my hometown, which falls under a tier II city. My salary structure and city allowance are as per Tier 2 city. I own a house, and my father stays with me here. Hence, I don't need to pay any house rent other than the home loan.
Now suddenly management has decided to transfer me to another city, which falls under a Tier 1 city within 15 days' notice, and they are restructuring my salary for the new city expenses. Also, they are not providing me any accommodation. I had requested them to at least provide me with a suitable house rent allowance, but they disagree to pay me the same.
The salary which I am getting here in my hometown is already too low. How can they expect me to manage my expenses with that salary in a metro city like Gurgaon/Mumbai? This is a way of forcing me to resign as they can't terminate me since I have worked with the company with honesty and dignity.
I need to know what sort of action they can take against me if I reject the transfer order. Or is there any other way to verbally/legally deal with the situation?
From India, Bardhaman
Hi,
If you check your appointment order, there should be a clause related to the Company's right to transfer you to other branches. The transfer order is the management's decision based on business requirements. If you disobey the transfer, they will initiate disciplinary action for insubordination. It's an indirect way of asking employees to leave.
You can speak to your superior or write a request letter to reconsider, stating that you need to take care of your father. Their response is up to them. If there is no positive reply, you will either need to accept the transfer or look for a new job.
From India, Madras
If you check your appointment order, there should be a clause related to the Company's right to transfer you to other branches. The transfer order is the management's decision based on business requirements. If you disobey the transfer, they will initiate disciplinary action for insubordination. It's an indirect way of asking employees to leave.
You can speak to your superior or write a request letter to reconsider, stating that you need to take care of your father. Their response is up to them. If there is no positive reply, you will either need to accept the transfer or look for a new job.
From India, Madras
The only people who can tell you what action they might take in this case are your employer.
We do not work for your organization, so we have no idea what your management might or might not do. Discuss this matter with your HR team.
From Australia, Melbourne
We do not work for your organization, so we have no idea what your management might or might not do. Discuss this matter with your HR team.
From Australia, Melbourne
You are governed by your employment terms, which may include a transfer clause. You can request the Competent Authority to reconsider the management decision on humanitarian grounds. If you do not succeed, then you are bound to honor the transfer orders; otherwise, you may lose your job. You do not have any legal remedy available to you.
Regards,
Dr. Kamlesh Agrawal
Mumbai
From India, Delhi
Regards,
Dr. Kamlesh Agrawal
Mumbai
From India, Delhi
Rejection or refusal of a corporate transfer order is an act of misconduct, insubordination, and a behavior that undermines discipline and good conduct in the workplace. Such actions will result in disciplinary measures being taken against you.
From India, Aizawl
From India, Aizawl
You check your appointment letter. Is there any clause of transfer to other branches existing elsewhere in India? You can deny the transfer order on the grounds of such a clause. Is your management currently paying HR to you or paying other employees in that city of the transferred location?
One can deny the transfer if it is not happening to the company's own establishment. Your refusal to the transfer could lead to disciplinary action on the grounds of insubordination. This transfer may be something that prompts you to resign or face punishment, creating apprehension from our end.
You meet with the head and request him to compensate for the financial burden when considering the restructuring of your salary.
From India, Mumbai
One can deny the transfer if it is not happening to the company's own establishment. Your refusal to the transfer could lead to disciplinary action on the grounds of insubordination. This transfer may be something that prompts you to resign or face punishment, creating apprehension from our end.
You meet with the head and request him to compensate for the financial burden when considering the restructuring of your salary.
From India, Mumbai
I suggest you take it positively and accept the transfer. As you have worked for more than two decades, I am sure they will not have any bad intentions. You may request over a period of time to reconsider your transfer back to the current place. Alternatively, you may request a time period or assignment basis or deputation basis to a new place without shifting your family.
On the other side, the management may accept your request on deputation or assignment basis if you are truly an asset to the management.
If you do not accept, they will simply ask you to settle all your requests or queries at the transferred location, which you may not like. Since a transfer is a stipulated condition in any offer letter, suitable disciplinary action may be initiated, including termination of employment. In such cases, courts will not normally interfere with the management's decision.
From India, Hyderabad
On the other side, the management may accept your request on deputation or assignment basis if you are truly an asset to the management.
If you do not accept, they will simply ask you to settle all your requests or queries at the transferred location, which you may not like. Since a transfer is a stipulated condition in any offer letter, suitable disciplinary action may be initiated, including termination of employment. In such cases, courts will not normally interfere with the management's decision.
From India, Hyderabad
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