Can any organisation transfer its employee just because he was on too many leaves due to health issue.. If it is done by any MNC giving some other reason. How law can help?
From India, Mumbai
From India, Mumbai
Dear Sumit,
If one reads between the lines then it can be deduced that the MNC has played a game with the sick employee. Without directly removing the employee because of his prolonged absence, they have transferred him. Therefore, creating conditions that are most unsuitable to continue his employment. By issuing transfer order, they have avoided regular procedure to handle cases of indiscipline. Now if the transfer order is not obeyed, it will be considered as misconduct and it will become ground for his termination.
The other side could be that the H.O. might have taken decision to transfer him as they did not know the employee is sick and has not been attending his duties regularly. Therefore, the transfer could be just chance also. If this is the situation then the sick employee may put up application for annulment of the transfer on compassionate grounds. However, this is remote possibility.
Your query is one labour law related to the employee transfers. Nevertheless, there is no law as such. Most of the companies while issuing appointment letter include clause on transfer which generally says that they reserve complete right to transfer an employee from one place to another. Therefore, nothing can be done on that count.
Thanks,
Dinesh Divekar
From India, Bangalore
7736If one reads between the lines then it can be deduced that the MNC has played a game with the sick employee. Without directly removing the employee because of his prolonged absence, they have transferred him. Therefore, creating conditions that are most unsuitable to continue his employment. By issuing transfer order, they have avoided regular procedure to handle cases of indiscipline. Now if the transfer order is not obeyed, it will be considered as misconduct and it will become ground for his termination.
The other side could be that the H.O. might have taken decision to transfer him as they did not know the employee is sick and has not been attending his duties regularly. Therefore, the transfer could be just chance also. If this is the situation then the sick employee may put up application for annulment of the transfer on compassionate grounds. However, this is remote possibility.
Your query is one labour law related to the employee transfers. Nevertheless, there is no law as such. Most of the companies while issuing appointment letter include clause on transfer which generally says that they reserve complete right to transfer an employee from one place to another. Therefore, nothing can be done on that count.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear colleague,
Transfer of an employee is an inherent right of the employer.
This is a powerful weapon used by an employer to weed out an undesirable employee. It puts an employee in compelling situation to choose between accepting it with inconvenience s/hardships or refuse it and face disciplinary action or leave the job.
The law is on the side of the employer.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Transfer of an employee is an inherent right of the employer.
This is a powerful weapon used by an employer to weed out an undesirable employee. It puts an employee in compelling situation to choose between accepting it with inconvenience s/hardships or refuse it and face disciplinary action or leave the job.
The law is on the side of the employer.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Dear Friend,
The answer is "Yes" organisation can transfer the employee as and when required. One can only challenge his transfer, if it is not within the terms and conditions of appointment.
The reply of Mr Divekar and Mr Nagarkar is right and justified to the cause you cited. You can consider that employer has choosen transfer as a tool.
How law can help?: I do not see there would be any scope to challenge. If employee wants to challenge "The interpretation of transfer order" is the only thing can help him. But in general, management issues directives (that you are hereby transferred to X unit as your services are very much essential to handle the situation) as such cases.
From India, Mumbai
The answer is "Yes" organisation can transfer the employee as and when required. One can only challenge his transfer, if it is not within the terms and conditions of appointment.
The reply of Mr Divekar and Mr Nagarkar is right and justified to the cause you cited. You can consider that employer has choosen transfer as a tool.
How law can help?: I do not see there would be any scope to challenge. If employee wants to challenge "The interpretation of transfer order" is the only thing can help him. But in general, management issues directives (that you are hereby transferred to X unit as your services are very much essential to handle the situation) as such cases.
From India, Mumbai
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