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Jayanta (Service)     10 February 2009

HR related

Can Management in Private Sector force transfer to Management Staff with out any consultation forcefully knowing very well that this transfer does not suit to that employee.Any step available to that employee.
Please advise urgently


Learning

 2 Replies

Hemanth Kumar (student)     10 February 2009

Hi  


    You should be more specific  at which state the employee is employed and what is his tenure of service.


Well I would suggest you to go through the  provision of   ( 09 A ) of Industrial Dispute Act  1947


9A. SECTION - No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change, - (a) without giving to the workman likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or


(b) within twenty-one days of giving such notice :


Provided that no notice shall be required for effecting any such change - (a) where the change is effected in pursuance of any settlement or award; or


(b) where the workman likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Service (Temporary Service) Rules, Revised Leave Rules, Civil Services Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.


With regards


VASU



 


 


 


 



(Guest)

As looking upon the nature, regarding H.R.activity, a notification should be served prior to execution, than, it should be accepted by the employees otherwise they have right to file an action against the management of that company.


Thank You.


 


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