employees retreat from terms of service
Subhi Goyal
(Querist) 01 February 2017
This query is : Resolved
Dear Experts,
In our org some of the employees is not complying the term & conditions of service agreed by them. The scenario is our management want to trf the some employees from our Noida branch to Mumbai branch. But these employees is Not Aggreed to be trf. At the time of singing appointment letter we have clearly stated the clause of trf in appointment letter that management can trf you any time according to business requirement also these employees had accepted the same. But they are now retreating . Pls clarify can we terminate these employees who is not aggreeing to be trf according to aggreement of service or we should ask them to resign?
Pls suggest what legal action can be taken against such employees?
Thanks & Regards
SUBHI GOYAL
Kumar Doab
(Expert) 01 February 2017
As an employer and attorney of employer in say HR/Legal would you like to dwell upon:
What is the compelling reason and necessity for transfer from Noida to Mumbai?
Hope such transfer does not suffer from bias, malafide.
Does standing order apply to establishment and these certified?
Does certified standing orders contain clause on right to transfer?
In any case, if transfer is part of service conditions then employer can transfer and in case of misconduct can resort to termination per procedure.
Employer must not adopt tactics e.g; ‘demand resignation’.
It can be termed deemed termination and offence.
Kumar Doab
(Expert) 01 February 2017
Your establishment may refer the matter to its own legal cell/law firm/counsel specializing in labor-service matters.
Subhi Goyal
(Querist) 01 February 2017
Dear Kumar sir
Certified standing order is not applicable to our org, at the time of recruiting these employee they all had accepted the clause of transfer contain in their appointment letter. The question arise does it not breach of contract first they agreed to be transfer according to business requirement now they have denied.
However its openly voilation of service agreement Hence why we cannot terminate such employees,
Pls share your views
Thanks
Subhi Goyal
Sudhir Kumar, Advocate
(Expert) 01 February 2017
If you do not have cerrtifide standing orders then on what basis you have terms of services.
Subhi Goyal
(Querist) 01 February 2017
Sir,
Terms of service is as per company requirement by complying the statutory rule & regulations and agreed by concern employees to enter into contract of service by way of signing the appointment letter,
Thanks
Subhi
Rajendra K Goyal
(Expert) 01 February 2017
If the employees do not abide by the terms of appointment, may proceed against them as per disciplinary procedure / appointment terms.
P. Venu
(Expert) 01 February 2017
The matter requires professional consultation.
Kumar Doab
(Expert) 02 February 2017
Had I been owner of the company I would not have transferred the unwilling employee(s).
And preferred to hire services of local talent (son of the soil as you call it).
If there was a need would have sent person from HO on tour.
Since you have asked for opinion hence this post.
Subhi Goyal
(Querist) 02 February 2017
Dear sir,
Business operation cannot be carried emotionally. Given the fact Non of us want to leave the Home ground however transfer is the business exigency Therefore the paid employee whoever had already accepted the terms to be trf by signing appointment letter have to comply the service aggreement. Further, denied to be trf shall be deemed to breach the the service contract Hence employee can be terminated on the ground of voilating service contract?
Pls share your valuable inputs
Regds
Subhi
Rajendra K Goyal
(Expert) 02 February 2017
Even if any action is to be initiated, follow the legal procedure.
Kumar Doab
(Expert) 03 February 2017
Agreeing with experts Mr. P. Venu, Mr. Sudhir Kumar, Mr. Rajendra K Goyal.
Your establishment may refer the matter to its own legal cell/law firm/counsel specializing in labor-service matters.
Guest
(Expert) 03 February 2017
Ms. Subhi Goyal,
You have given a very befitting reply to Mr. Kumar Doab, who is usually habitual in misguiding the querists with his unprofessional distracting tricks.
Anyway, there is nothing like referring the matter to any legal cell/law firm/counsel specializing in labor-service matters, as non compliance of the terms of appointment is not only breach of contract between employer and employees and tend to indiscipline on the part of the employees.
You may serve show cause notice to them and on not getting satisfied with their replies would be justified to terminate their services, as per the terms of their appointment letters.
Administration/ management of any organisation cannot be run by feeling handicapped by allowing misbehaviour and misconduct of the employees, if they are not justified due to come compelling grounds.
Kumar Doab
(Expert) 03 February 2017
Dear LCI author @ Ms. Subhi Goyal,
So far it has been participating and interactive discussion, until last post of Dhingra.
Until last post of Dhingra, neither you nor anyone resorted to offensive language and comments.
The suggestion to refer to your own legal cell and /law firm/counsel specializing in labor-service matters was made to mind your interest only.
Neither you not anyone of experts except him resorted to using offensive language in this thread.
Hope you agree.
Guest
(Expert) 03 February 2017
Dear Ms Subhi Goyal,
You would be justified to ask Mr. Doab, what offensive language has been used by me, except to advise you be firm in management actions and to take action and per the terms of appointment and don't let the management weaken by the indisciplined employees?
A pertinent question arises, had there been a legal cell of your firm or you would have been in a position to get advice from some law firm/counsel specializing in labor-service matters, what was for you could have asked for the solution to the problem from the experts of this forum? It should have been a matter of common sense for Mr. Doab.
Moreover, what was the logic in his statement ,"had I been owner of the company I would not have transferred the unwilling employee(s)." ...... "And preferred to hire services of local talent (son of the soil as you call it)," while recruitment is not a child's play and minutes/ hours?
That was quite a misleading advice to compel you to take action of his personal liking only, while you have to manage the affairs in view of the prevailing environments and circumstances, more specifically by keeping pace with the efficiency and productivity of your own organisation, which could not be expected to be imagined by Mr. Doab.
