The Power to Transfer Employees: A Case Comment

Abstract

 The power to transfer an employee is a source of competing claims between employers and employees. The two contracting parties are not fairly matched on the issue whether transfer is a bargaining subject or is within the exclusive mandate of the employer.  Literally, transfer denotes the movement of an employee from one job position to another position of equivalent rank, level or salary without affecting the employment contract. It also includes the change in workplace of an employee in case where the undertaking has branches in different localities. The total relocation of the undertaking from one to another location can also entail transfer of its employees. Generally, transfer is taken as movement of an employee from one department, section, shift, job, plant or place to another, without resulting in change as regards salary or other benefits.