Transfer of employees even on shifting is to be based on the conditions of service

Contributed by Deepak Miglani

A transfer is a lateral move to a position in the same classified pay range or to a position with comparable duties and responsibilities. Transfer of employees from one place to another even when the establishment is shifted is to be based on the conditions of service between the employer and employees either in the appointment letter or the Standing Orders –otherwise it will be illegal. When the transfer has been made from one place to another and in view of settled law when there is no such specific contract of service also, the employer has no inherent right to transfer the employees from one place to another. Employer should insert transfer relating clause in contract of employment for avoidance of opposition of workers.

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