ASK HR: You’re a sales person, shouldn’t you be able to sell anything?

The choice is yours - to sell utensils, gain more experience and look for another job, or refuse to comply and lose your job. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • My view is that as a sales assistant, you are just starting your career, and should be open to different opportunities.
  • You have an option to challenge your employer if your contract is clear that you did not sign to move across companies.
  • But the choice is yours - to sell utensils, gain more experience and look for another job, or refuse to comply and lose your job.

Q. My job at this electronics company is sales assistant. Two months ago, an employee in the sister company that sells utensils resigned, and I was posted there as a replacement. I tried to fight the move but the manager insisted that I move or quit. I don’t like my new job. Is it ethical for employers to shift employees from one company to another? What action can I take as an aggrieved employee?

Pardon me for thinking a sales person is that individual who can sell you anything under the sky, including utensils. But I sense you are a sales person who is keen to specialise in electronics, though I doubt you would be having second thoughts had you been transferred to sell a premium product, such as top of the range cars.

My view is that as a sales assistant, you are just starting your career, and should be open to different opportunities even when they take you outside your comfort zone. Now back to your question, is it ethical for employers to shift their employees from one company to another?

It is not fair to move employees around businesses without their consent, and from a legal perspective, this maybe in breach of contract depending on a number of factors. Check whether your contract stipulates that an employee can be transferred across departments, businesses and companies.

There could be a good reason for the move as a transfer like this could come in form of a temporary assignment or secondment for career development. You however have certain rights, one being the right to reject a career move not aligned to your goals and aspirations.

Rejecting however has consequences as an employer/employee contract is based on two factors - work and reward. An employee renders services as guided by the employer, while the employer pays for services rendered.

You have an option to challenge your employer if your contract is clear that you did not sign to move across companies, and if your employer does not have policies that demand this of employees.

Your employer will most likely terminate you, then you can pursue legal action for wrongful termination. The choice is yours - to sell utensils, gain more experience and look for another job, or refuse to comply and lose your job.