Section 109: Transfer may be made

1) The enterprise may transfer labour from one office, branch or unit of the enterprise to another office, branch or unit without causing any adverse effect on the conditions of service and benefits of him or her and without making a difference in the nature and level of his or her work.

Provided that transfer may be made in a manner that makes a difference in the nature and level of work in the following circumstances:

(a) With the consent of the concerned labour,

(b) Where the labour is promoted and placed,

(c) As mentioned in the collective agreement, or

(d) To transfer the labour to other work related to the training or skill or educational qualification acquired by him or her.

2) Any labour employed in any one enterprise may, with his or her consent, be transferred to another enterprise.

3) When making a transfer pursuant to sub-section (2), an agreement shall be made as prescribed between the enterprise making the transfer and the enterprise where the labour is transferred on the matter that the service period of the employee to be so transferred shall be added and the enterprise where the labour is transferred to shall bear all benefits to the receivable on the basis of the service period and on other conditions of service.

4) When transferring any labour from the workplace located in the place of his or her permanent residence or to any other place from the existing workplace, the employer shall provide benefits as prescribed.