Transfer Immedialty After Maternity - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Carmelshyam
General Hr

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Dear All,

One o f my employees has gone for maternity .While she comes back can I change her profile and transfer her to some other department without changing the compensation. Is there any legal constrain behind it?

Please update me soon.

Regards
Mt.Carmel

Dear Carmel,
Maternity leave and internal transfers within the company are no way connected. However, while transferring to another department, you may take into account her job knowledge, compatibility, competencies for that position, medical fitness etc.
Ok...
DVD

DVD
Really thanks . Her Performance is really poor. So we want to change her present capacity and give her some lighter work profile but she is reluctant to accept the same . So some time she may make some hue and cry .
Further it is there in the maternity act sec.5 " Employer can not discharge /change her conditions of service while she is on maternity leave''
Please give me some input
Regards
Mt.Carmel

Dear Carmel,

My comments are as below:

Really thanks . Her Performance is really poor. So we want to change her present capacity and give her some lighter work profile but she is reluctant to accept the same . So some time she may make some hue and cry.

In your previous post you have written that you are going to protect her salary. Transfer of employees from one department to another is purely prerogative of the employer. Whether the employees accepts it calmly or with hue and cry, it does not matter.

Further it is there in the maternity act sec.5 "Employer can not discharge /change her conditions of service while she is on maternity leave''

Please concentrate on the word "while". You change her department once she resumes her duties on completion of her maternity leave. Let her resume her duties. Hand over letter of change of her department same day and let this change be effective from subsequent day. Secondly, primary conditions of her service i.e. working hours, salary and wages if remain same, the above section of MBA, 1961 does not come in picture.

Ok...

DVD

DVD, Fine , I fee we (EMPLOYER ) in safer side. There is a change in Profile but that is not a matter of concern. Anyway thanks for your time and concern to my post Mt. Carmel
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