Transfer of an employee to a Unit having different Service Conditions

Most of the Industrial Standing Orders provide for transfer of employees from one unit to another or to a sister concern, in exigencies of service. Such transfers are effected in various industries, which are having units at different places in the same state or in different states. Quite often, service conditions prevailing in these different units may be different and it can create uncertainty for the Transferee workman as well as for the HR Officers of the Management.

The general rule in Labour Law which governs this aspect is that such Transferee workman will continue to be governed by the Service Conditions of his Parent Unit [See 2010 (2) KHC 270]. But this general principle can be superseded by the Management by procuring an express consent letter from the Transferee Workman to submit himself to service conditions of the Transferee Unit.

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About Thomas Geeverghese

Advocate, Ernakulam
This entry was posted in Labour Law Kerala, Service Conditions, Transfer and tagged , , , , , , , . Bookmark the permalink.

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