I have been given transfer order on 19.07.2023 mentioning a transfer to Bangalore (which is around 1300 km away from my place) from 24.07.2023. I have been working under same organisation since last 11 years. it is a private organization have various branches PAN India
I am unmarried women staying with my parents who is senior citizens. My father currently also suffering from health issues. I have given transfer order on 19.07.2023 mentioning transfer to Bangalore (which around 1300 km away from my place) from 24.07.2023. I have been working under same organisation since last 11 years. it is a private organization have various branches PAN India
I am unmarried women staying with my parents who is senior citizens. My father currently also suffering from health issues.
My appointment letter mentioned it is a transferable job and can be transferred to anywhere in India however it also mentioned female staff members would be posted in the nearest major cities if suitable posting is not available to them in existing or nearby major cities if suitable posting is not available to them. Also, I am suffering from medical issues.
I made a request to HRD for reconsideration of my transfer however they didn't accept it. Then after I wrote the same letter to our managing director and chairman, MD declined the request; however, the Chairman has not replied yet.
Currently, I am on leave my boss has approved that leave.
My question is
1) Can I resign from the job mentioning the reason as transfer 2) If yes whether I need to attend 90 days notice period in the new place of transfer or the old place 3) I have still 100 days of sick leave credit in my account can i utilize said the leave before resignation 4) can employer decline for the usage of said leave 4) what are other remedies available to me?
From India, Ahmedabad
I am unmarried women staying with my parents who is senior citizens. My father currently also suffering from health issues. I have given transfer order on 19.07.2023 mentioning transfer to Bangalore (which around 1300 km away from my place) from 24.07.2023. I have been working under same organisation since last 11 years. it is a private organization have various branches PAN India
I am unmarried women staying with my parents who is senior citizens. My father currently also suffering from health issues.
My appointment letter mentioned it is a transferable job and can be transferred to anywhere in India however it also mentioned female staff members would be posted in the nearest major cities if suitable posting is not available to them in existing or nearby major cities if suitable posting is not available to them. Also, I am suffering from medical issues.
I made a request to HRD for reconsideration of my transfer however they didn't accept it. Then after I wrote the same letter to our managing director and chairman, MD declined the request; however, the Chairman has not replied yet.
Currently, I am on leave my boss has approved that leave.
My question is
1) Can I resign from the job mentioning the reason as transfer 2) If yes whether I need to attend 90 days notice period in the new place of transfer or the old place 3) I have still 100 days of sick leave credit in my account can i utilize said the leave before resignation 4) can employer decline for the usage of said leave 4) what are other remedies available to me?
From India, Ahmedabad
As per the terms of the appointment order, your job is transferable. Hence, that cannot be challenged. Various Courts have held that transfer is a management's prerogative unless it is proved to be vindictive or victimization.
1) Yes. Of course, you can request your Management to avoid the transfer stating your family reasons or you can very well submit your resignation from the services citing the reason of transfer.
2) As per the terms, you have to serve the notice period. You can make a request to the Management to serve the notice period in the existing place only. I think any normal human being will agree to that especially being a woman employee.
3) You can request the Management to adjust your leave at credit against the notice period. Some Managements would agree for that and some would not. It depends.
4) To my knowledge, there is no other remedy available. If you feel that your transfer is an act of vindictiveness, you can approach a Civil Court and get an inunction from the execution of the transfer order. But, in which case, you cant work peacefully in your present place of work.
Hence, better to submit your resignation and get relieved smoothly and get your settlement without any hazzle.
From India, Madras
111) Yes. Of course, you can request your Management to avoid the transfer stating your family reasons or you can very well submit your resignation from the services citing the reason of transfer.
2) As per the terms, you have to serve the notice period. You can make a request to the Management to serve the notice period in the existing place only. I think any normal human being will agree to that especially being a woman employee.
3) You can request the Management to adjust your leave at credit against the notice period. Some Managements would agree for that and some would not. It depends.
4) To my knowledge, there is no other remedy available. If you feel that your transfer is an act of vindictiveness, you can approach a Civil Court and get an inunction from the execution of the transfer order. But, in which case, you cant work peacefully in your present place of work.
Hence, better to submit your resignation and get relieved smoothly and get your settlement without any hazzle.
From India, Madras
if i apply to civil court / Local Labour commissioner what are changes of positive reply from the management
From India, Ahmedabad
From India, Ahmedabad
What Mr Ranganathan has said is correct. But there are a few more things to be considered. A transfer is management prerogative but it should be used only for meeting certain business exigencies. Therefore, if by transfer, the employee is not contributing to or adding any value to the organisation, the transfer is meaningless. Therefore, we should consider whether she has been transferred for meeting any special task which cannot be accomplished by some other person in the other branch. In the case of employees who come under the purview of Industrial Disputes Act, the decision of the management transferring employee to a place which is far long and have different language and customs with which the employee cannot make up have been found to be victimisation. Therefore, we need to know what responsibilities the thread starter has been discharging in the establishment and whether she would add values to the organisation by the transfer.
resignation is not a remedy. But you can speak to the management to cancel the order. You cannot adjust your sick leave against notice period unless you are sick and could produce a certificate from the competent medical officer. If the management is ready to accept your resignation with the condition that you would serve the notice period in the current location, then it is a clear indication of victimication. Then you can also ask the management to waive off your notice period against the sick leave in your credits.
Approaching the Appropriate authorities for protection may spoil your career. Moreover, there can be a conciliation only if you are a worker under the Industrial Disputes Act. It is to be noted that it is not the salary or the designation that decides whether an employee is a worker or manager but it is the functional responsibilities that the employee handles that decides it. Accordingly, if you have any supervisory powers, like authority to sanction leaves of subordinates, authority to appraise the performance of subordinates or authority to initiate disciplinary action against subordinates, then only you will come out of the purview of ID Act and in if you do not have any of these rights you will get protection of ID Act.
In a very recent case, The MD Power Soap and Abhiramai Soap Works Vs Puthiya Jananayaka Thozhillar Munnani (2023 LLR 746 Mad HC) the Madras High Court has ruled that a transfer which will change the status of an employee from workman to supervisor and thereby deprive of the protection that he was getting under the ID Act will be illegal.
Therefore, before going further, please clarify if you are a managerial employee or not and whther by transfer you would add any value to the organisation.
From India, Kannur
resignation is not a remedy. But you can speak to the management to cancel the order. You cannot adjust your sick leave against notice period unless you are sick and could produce a certificate from the competent medical officer. If the management is ready to accept your resignation with the condition that you would serve the notice period in the current location, then it is a clear indication of victimication. Then you can also ask the management to waive off your notice period against the sick leave in your credits.
Approaching the Appropriate authorities for protection may spoil your career. Moreover, there can be a conciliation only if you are a worker under the Industrial Disputes Act. It is to be noted that it is not the salary or the designation that decides whether an employee is a worker or manager but it is the functional responsibilities that the employee handles that decides it. Accordingly, if you have any supervisory powers, like authority to sanction leaves of subordinates, authority to appraise the performance of subordinates or authority to initiate disciplinary action against subordinates, then only you will come out of the purview of ID Act and in if you do not have any of these rights you will get protection of ID Act.
In a very recent case, The MD Power Soap and Abhiramai Soap Works Vs Puthiya Jananayaka Thozhillar Munnani (2023 LLR 746 Mad HC) the Madras High Court has ruled that a transfer which will change the status of an employee from workman to supervisor and thereby deprive of the protection that he was getting under the ID Act will be illegal.
Therefore, before going further, please clarify if you are a managerial employee or not and whther by transfer you would add any value to the organisation.
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
PF Online Transfer.pdf
Steps to transfer PF amount.jpg
Consultant List of Bangalore.xls