Transfer From One Branch To Another - Law Through Which I Can Decline?

Dear Sir,

I work for a reputed bank for the last 1 year and yesterday received an email from the HR department for my transfer from one branch to another branch, which is a far-off location. I have spoken to my seniors about it and have expressed my inability to join due to personal issues. As confirmed by my seniors, they have mentioned that it is a promotional transfer and hence it is mandatory to adhere to the same. Is there any law through which I can decline this transfer?

I have also escalated the concern to the HR department but am still awaiting a response on the same. Please guide me through this situation.

Thank you.

Check your appointment order or the employment standing orders of your organization regarding the transfer clause. If your appointment order includes a transfer clause that you accepted upon joining, you are obligated to comply with the company's transfer orders.

If you are a Class 4 employee, such as a sweeper or peon, you have the option to challenge this in court or with the labor department. However, if you hold an executive position, you must adhere to the transfer order; otherwise, you will be deemed to be absent without authorization, which could result in dismissal.

Upon completing your last working day at your current branch, you will be deemed an employee of the transferred branch the following day, with your jurisdiction shifting accordingly.

You may negotiate for additional benefits such as temporary free accommodation, food, and logistical expenses from your organization. Nonetheless, disregarding the transfer order could lead to dismissal.

Dear Nirmal,

Transfer is an incidence of employment. It is the employer's prerogative to be exercised in the interest of the organization or on exigencies of the business of the organization subject to the service rules. Therefore, inconvenience of the individual employee cannot be an excuse. Moreover, your post indicates that it is not a routine transfer but the one related to your promotion. So, you cannot refuse to obey it on grounds of personal problems. At best, you may consider relinquishing the promotion at this time to avoid the change of place.

Dear Nirmal,

Generally, in all types of appointment letters, there is a clause for transfer from one branch to another, from one seat to another, or from one place to another without adverse effect on total emoluments or post. Particularly, for appointments in banks, such clauses are specially mentioned. Furthermore, transfer is an employer's prerogative, and they can transfer an employee due to exigencies or for promotion, etc. Therefore, you cannot deny the transfer. Not honoring genuine transfer orders will make you liable for disciplinary action.

Dear Nirmal,

There are three answers to your query that are sufficient to clarify your situation and options.

The purpose of my writing is different. I assume you are not in the Class IV (Peon or Messenger) category. The question is, why should you decline a transfer? You have been with the bank for just one year, and they have considered you for a promotion. By declining, you are creating a "negative" for yourself. You should know that in several professions, people are transferred every 2-4 years - from defense services to IAS/IPS/Construction Projects, banks, and many other departments. People move. It appears you are young. You should be prepared to go anywhere. If your wife is also working, then you need to take a call on who will adjust. Moving to new places enlightens you, broadens your thinking, and adds to your experience. Don't create or imagine flimsy reasons for not going out of Pune. Come out of your comfort zone and take the challenge. Else, be satisfied with a below-average career. I don't know which location you are being transferred to. But suppose you were transferred to the bank's London or Tokyo branch. Would you have declined for the same "personal" reasons? Most likely, no. Even if it is a rural posting, you should still accept it. Somebody has to serve the rural population too. If everyone declines, then who would go there? If soldiers decline to go to Siachen or Kargil, what will happen? I strongly suggest accepting the transfer and going happily with pride.

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If you have agreed to the terms and conditions of the employment, you must adhere to them. Otherwise, you should resign from the job, as legal assistance will not be provided further.

I agree with the advice given by Shri Umakanthan and P.K. Nilosey. Though transfers are sort of unsettling, in the long run, they are beneficial - career progression and a general broadening of one's outlook. Moreover, once you reach the place you are transferred to, you will find your colleagues/new acquaintances coming forward to help you. It would be a great learning experience, believe me.

I am a retired man now, and in my career of 34-plus years, I underwent seven transfers. In those days, there were no mobiles/internet, so one was actually 'far away'. Now times have changed, and communicating with your near and dear ones is so easy! Lastly, this transfer will not be permanent. After a year or two, you can apply for a return to Pune. Then it would be quite a legitimate demand. So, go ahead. Heart within and God overhead. ALL THE BEST!

Dear Nirmal,

There is no law through which you can decline your transfer, as that is one of the implied main conditions of employment. Any employment is not a self-driven event.

However, to cancel a transfer is a matter of discretion of the competent authority on the specific request of the employee. You may try to convince the management about your problem. Distance, of course, may not be considered as your problem by the management.

Transfers are inevitable in the service, especially in the Banking Industry. Arbitrary transfers should be condemned and fought through your Union. If it is strong, a comprehensive Transfer policy must be in operation. Consult them.

Legally, management has the right to transfer you anywhere in India or abroad without enhancing the salary. This is one of the service conditions stipulated in the HR Manual.

Declining a transfer would entail insubordination, tending towards indiscipline, which warrants disciplinary action against the employee.