Dear Seniors, i have query regarding the transfer of employees. Can I transfer of job from one location to another location but in the appointment letter that there is no mention transfer clause. So how can they transfer employees? Please guide.
From India, Ahmedabad
From India, Ahmedabad
Dear Colleague,
Transfer is a Business requirement of an organization in general scenario. There may be growth in business and the new locations, branches may require a trained Talent/s to take care of the business. Normally the Transfer clause will be appearing in the Appointment Order as per Terms and Conditions of Service or in the Standing Orders or in the Code of Conduct or Service Rules applicable and binding on the Management and Employees. Here one has to take vigilant steps if there is no clause in the Appointment order and in the case of no other documentary support:
A) In case of employees other than " Workmen under Industrial Disputes Act 1947" you may still issue transfer order stating the clear reasons for such transfer and ensure that it is not a kind of victimization but such transfer is very genuine and purely based on Business Needs. You may communicate to the Talent officially and brief such need why it had arisen. Support for Transportation / Shifting House Hold articles/ Provide administrative support / provide additional allowances to encourage acceptance of such transfer. It does not mean that due to absence of a clause in the documents, it is not possible to transfer someone. If so the business will get affected badly. It may be challenged but management need to contest and have all justifications intact on such moves.
B) In case of " Workmen" under Industrial Disputes Act, the Management has to follow the provisions of the Standing Orders on the matter of Transfer and move ahead. If there is no such clause you may enter into Settlement with Trade Union or with Individual Workmen on such matters. If not materializing give such workmen Notice of Change under Section 9A of the Industrial Disputes Act and amend the Appointment Terms and bring the clause on transfer in the contract. Or go for Standing Orders and get it certified as it will be useful for all such future moves.
In short there are ways and means by which Transfers are possible despite there is no clause in the Appointment Order. Have a consultation with your Legal Advisor for needed help.
From India, Chennai
309Transfer is a Business requirement of an organization in general scenario. There may be growth in business and the new locations, branches may require a trained Talent/s to take care of the business. Normally the Transfer clause will be appearing in the Appointment Order as per Terms and Conditions of Service or in the Standing Orders or in the Code of Conduct or Service Rules applicable and binding on the Management and Employees. Here one has to take vigilant steps if there is no clause in the Appointment order and in the case of no other documentary support:
A) In case of employees other than " Workmen under Industrial Disputes Act 1947" you may still issue transfer order stating the clear reasons for such transfer and ensure that it is not a kind of victimization but such transfer is very genuine and purely based on Business Needs. You may communicate to the Talent officially and brief such need why it had arisen. Support for Transportation / Shifting House Hold articles/ Provide administrative support / provide additional allowances to encourage acceptance of such transfer. It does not mean that due to absence of a clause in the documents, it is not possible to transfer someone. If so the business will get affected badly. It may be challenged but management need to contest and have all justifications intact on such moves.
B) In case of " Workmen" under Industrial Disputes Act, the Management has to follow the provisions of the Standing Orders on the matter of Transfer and move ahead. If there is no such clause you may enter into Settlement with Trade Union or with Individual Workmen on such matters. If not materializing give such workmen Notice of Change under Section 9A of the Industrial Disputes Act and amend the Appointment Terms and bring the clause on transfer in the contract. Or go for Standing Orders and get it certified as it will be useful for all such future moves.
In short there are ways and means by which Transfers are possible despite there is no clause in the Appointment Order. Have a consultation with your Legal Advisor for needed help.
From India, Chennai
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