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Told the management that I won't leave or relocate - is this a safe approach? - CiteHR

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basunermanji
Hi, I m working for an Indian insurance company. Recently they transfered me to a new location which is some 900 kms away frm my home and present work location. I told them that I am the father of a month old baby and also the health of my mom is not good, so I wont go due to these family problems. They are asking me to leave. I said that I wont leave and nor am I in a position to relocation. I told the management that if the company wants it can give me notice n terminate me.
My question is - is this a safe approach?

From India, Bangalore
nvraovskp
55

Dear Friend

Every organisation has its own transfer policy. I think in your appointment also the said clause transfer might be there. Generally. management who are having multiple locations of business centers, will transfer their employees from one place to another depending upon the work exigencies. So management is having a right to do this one. At the same time, the reasons for such transfer should be on genuine ground and it must be free from the act of victimization on part of the employer. In your case whether the management action in transferring you to new place which is away 900 KM away from your present location is a genuine or not, we do not know.

Generally, in any company lower cadre employee such as clerks, peons, watch and ward, security gaurds will not be transferred from one place to another. Only higher cadre employees such as branch in charge, key accounts persons or HR employee will be considered for transfer from one place to another for one or the other reasons. In your case, you have to think on these lines. How, your terms with management now a days? Are you having cordial relation with your boss or supervisors? What about your performance on job? Whether you are having any active involvement in union activities?

Even if you do not know about exact reason for your transfer, then you should go and meet your HR Dept / your immediate boss and take their help or advise in getting withdrawal of transfer order issued by management by convincing them by telling your problems which you are facing now. If they consider favorably it is ok or else, the decision of management will final and if they transfer you one genuine ground on work exigency, there is no other option left for you. In such a case, either you have to report for duty at place of transfer or else quit the job if you feel it is difficult for you to go and report for duty. Under the given circumstances, you may request the management to extend time for joining duty at your place of transfer and search for another jog in your present location and tender resignation thereafter if you so wish.

But, any cost you cannot challenge the action of management if they transfer you on genuine ground. If you refuse to accept the transfer order, management may take departmental action on the grounds your refusal to accept transfer order which amounts an act of misconduct i.e insubordination as per the provisions of standing orders / service rules of company and accordingly they may terminate your services in due course

Regards

From India, Hyderabad
basunermanji
Thank u. I answered almost all my questions and I will proceed as per your suggestion. One more thing. My performance is not bad and relation with my manager is also not bad. But when I refused to move and still reporting to my present location, he escalated my refusal to the HR. HR then emailed me saying that it wud be deemed as violation of company guidelines. I then replied to the HR stating abt the problems and asked how cud this be violation as I had been informing the company abt my problems right from the beginning. I didnt get anymore reply after that. But meanwhile my colleague told my manager that I was planning to stay back until the company terminates me. This particular thing aggravated my manager and he escalated the matter to the top management. He also told that my email to the HR was offensive. He finally told me to either move or resign...
From India, Bangalore
Kamal Datta
40

Dear Friend,
Mr N.V Rao nicely explained . I just add one point...that you might be having 1000 family problems...But to face this problems are also an added experience.. As per the policy , managements decision is absolutely right. You have already violated the Code of Conduct of the company..You just do one thing...send a letter to the management and apologise...and then go and report for duty in your new place.. It is for the betterment of your career...otherwise they will toss you from one place to another in the near future....One of my co-staff transferred 14 times in the last 3.5 years only due to the bitter relationship with the management....I always follow one rules that whether I am working there or not is immaterial here, but my relationship with my present and previous employers should always be good....All the best dear...

From India, Kolkata
subbarao.nv
40

Dear Mr. basunermanji,
U have not mentioned clearly whether yr company is private sector or public sector. In public sector the influence of Associations can be utilised, for staying back at the present location. However for your growth, u r reqd to relocate or you can join yr family once in10 days or so.
regards

From India, Hyderabad
Kamal Datta
40

His post clearly shows that he is in Pvt Ltd company....and in private company no body allows leave once in 10 days or so...900 Km distance means two days will clearly waste for To & Fro journey and he certainly needs minimum 5-6 days leave . 5-6 days leave after 10 days ???? No way......Rather he should prepare himself keeping in mind that he can take leave after every 4-5 months...
Mr Basu, I hope you are well qualified....You just go and join there..and at the same time give your all out effort to change the job in your locality...you will certainly get a good opportunity..But please do not take leave after every 10 days.. It can be more harmful to your career....You have already spoiled your relationship with your Sr Management...try to repair your fault...otherwise they can again transfer you within 3-4 months in another location which may be 2000 kms or more from your home town...

From India, Kolkata
M S N KHAN
13

Just to add to what has been already said, it is very difficult for an employee to challenge the decision of management . It would cost you enormously on seversl fronts including time and money and generally employees would not be in a position to afford it.
Management can easily fight against their employees as it doesn't cost them anything however wrong they may be or took the decision to harass the employees whereas employees would have to spend from their own pockets.
Even by miracle if you win the case, it would not be worth it.
So i suggest you either like it and move on or don't like it the but still move on.
So put the burden on the God and accept the orders as his will and hope for the best at your new players of posting.
All the best.

From India, Thane
BrainLight HR Solutions
18

Dear Basunermanji,

As I understand yours is Insurance company, hence there might be frequent transfer for Branch level based on the need of the business. Looking in the you overall situation, I recommend following:

Now you have only three options:

Option 1: Convince HR and your immediate supervisor for your need and limitations, assure your high productivity, when you would be ready for transfer give them proper dates. (definitely your HR/Immediate supervisor will understand and stop transfer if they consider you as asset than liability)

Option 2 : Get transfer to new location which is 900 km away from your home location.

Option 3: Separation from the employment (here you have 2 choice)

* Choice 1: Termination from the Company.

* Choice 2: Self resignation, by mentioning the transfer reason. (Ask for some more period of notice period if possible, start looking for new job)

If option 1 and option 2 are not suitable/possible then, you are left with only option 3 (Where you have 2 choices). I will suggest you to ask for some more periods from the HR department till you search for suitable job. Generally, for good/top performers companies are giving such additional period on humanitarian ground.

(I will not suggest you for 1st choice of termination, as this will be on the records of the company, and near future, while background check it will be revealed that you were terminated, which will not be good for your candidature in new/future organization. hence better option is separation by way of resignation)

Experts says: “Love your JOB not the COMPANY, you never know when company stops loving you.”

HR Department

BrainLight HR Solutions

From India, Mumbai
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