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shine mangalore (advocate)     28 December 2011

Closing of society and transfer of employees

Dear Friends,

My client is a NGO(society) and it has branches in many parts of the country. The board has decided to close one of its operations in one part of the country and transfer the employees from that part to existing other parts.

Can any one help me to draft a letter to employees regarding closing of that part of operations and transfering them to existing other parts.

What are the legal complications in the same?

Thank you in advance for the advise.

 

Thank you



Learning

 8 Replies

kameswarao S (Head HR)     28 December 2011

Pl. prepare the guidelines on the transfering of all employees. The guidelines should cover the Travel expenditure of the family, shifting of house hold items, reimbursement of children education related expenditure, special leave for completing the shifting of family etc,

Issue a normal transfer letter along with the guidelines.

Regards - kamesh

1 Like

Kumar Doab (FIN)     28 December 2011

Learned Mr. Kameswarao has given valuable advice. Kindly follow it.

Staff Movement

 Assignments and Transfers

According to project needs, any employee can be transferred temporarily or permanently to any location where NGO conducts its activities. The transfer may be the result of a promotion, a change in role due to service requirements or other reasons.

A permanent transfer to a new place of work that includes a new job mandate shall result in a contract renewal. In addition, the employee concerned shall be notified one month in advance of his change in situation.

If there is policy e.g. to transfer orthopaedically handicapped employees to near by location, such policy may be looked into.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     30 December 2011

Does the employees have letters of appointment - does it provide transferability across other establishments. Transfer process has to be smooth and those who could not migrate may be given a soft package - 

1 Like

Kumar Doab (FIN)     30 December 2011

Learned Mr. Vasudevan has given valuable advice. Kindly follow it and provide details.

1 Like

shine mangalore (advocate)     31 December 2011

Dear Sirs

Thanks a lot for your valuable advice.

shine mangalore (advocate)     31 December 2011

Yes the employees have the appointment letter and it is clearly stated in the said letter that he/she is liable to be transferred to any sister concerns of the NGO.

I am worried only because, we are transferring 100% employees from the said part of NGO which we are closing.

NOw we have given them enough time to relocate along with special leave and other facilities.

Will it be possible for them to contest for sudden closing of the said part of NGO?

What are the possible consequences if they are not willing to relocate?

What we can do if they refuse to relocate or if they donot accept the transfer letter?

Kumar Doab (FIN)     31 December 2011

"NGO, which is registered as a society, is run with the aid of the government it will not be exempted from the definition of ‘industry’" The Madras High Court has positively answered the question as to whether a Non-Governmental Organization (NGO) be labelled as an `industry'?

It is felt that some of the disgruntled workers may invoke ID Act.

As advised by learned Mr. Vasudevan draw a soft package and settle the matter with workers.

Valuable advice of learned experts/members is sought.

1 Like

shine mangalore (advocate)     09 January 2012

Thank you sirs for your advise


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