The contract is renewed so new terms can be added into it and your job can become transferable. Under same contract they cannot transfer you but under new they can if such term is added to it.
This is Jitendra Kumar working as Assistant Professor in Darbhanga College of Engineering, Bihar on contract basis under DST, Bihar. As per our agreement as non transferable but after four year contract employee are being transferred to other engineering colleges during renewal of contract which seems to be unconstitutional as per our agreement. So kindly give legal opinion regarding this.
The contract is renewed so new terms can be added into it and your job can become transferable. Under same contract they cannot transfer you but under new they can if such term is added to it.
This will be governed in accordance with the provisions contained in your ad hoc employment agreement.
If your job is not transferable in terms of the agreement, the university cannot transfer you.
Approach the high court and challenge your transfer order.
Hello,
Challenge such transfer order before the HC on the ground that the same is against the terms of the contract.
Regards
But all the term conditions are same as before. So as per name of new extension can they transfer us without taking choice from us.
But all the term conditions are same as before. So as per name of new extension can they transfer us without taking choice from us.
1) You are working as contract employee and in agreement its mentioned non transferable, but see when you are getting transfer ? ... You are getting transfer at the time of renewing the agreement means new agreement takes place. College management are obeying the law.
No you have full right to refuse as you are under contract basis kindly refer the terms if no terms are changed than you cannot be transferred and the order can be challanged.
If it was not open for them to transfer you in terms of your old Agreement, it isn't open for them to transfer you now.
As advised, approach the High Court and seek relief.
Send a legal notice to the university for the proper answer if not given file a case in Honourable High Court seeking relief
1) Yes they have all rights because every time you are singing new contract agreements. You it will be great if we can get your contract agreements for reading. So we can guide it properly.
Contractual employees are not permanent employees hence they may not have any right as a permanent employee is entitled.
What if the contact is not renewed?
What is the contract condition mentions about this?
But all the term conditions are same as before. So as per name of new extension can they transfer us without taking choice from us.
It would depend on the discretion of the top management or the competent authority on this.
The conditions for contract would remain same, but since you are removed and being brought inside by a fresh agreement, you may check what the conditions say about this after which you may decide further course of action.
Dear Sir,
Your stand is correct. The remedy you can get can be of restraining your employer from transferring you lies with Hon’ble High Court. If you can offer expenses then approach High Court or instead of arguing with the employer just join in your new place. For more details please contact me immediately through Kaanoon Website.