sravanthigeda
MIS Executive
Hello,
I am working as an Executive - HR/Admin in a corporate company. I went for maternity leave & came back to office after 84 working days. Meanwhile our head recruited a person in my place. Now i am back but they had not assinged my work back. They were assining me another person's work who is resinged. I am not at all intrested in that work. I asked my Head to assing my work what i did before maternity. But they were not accepting. Is this good? Plz suggest how to get my work & work place back.

From India, Hyderabad
Faraha06
1

SEO Executive
Dear Friend
Thanks For returned back from maternity leave just I want to tell you about company , some rule and regulation of Companies, You can't get the old Work place because you have taken already 84 leave any situation but he don't know so you can't join your work place I think you have to apply to any other work place..........thanks

From India, New Delhi
arunmjadhav
189

Assistant Manager-HRD
I don't agree with Faraha,
I think you must get your place & work which you were doing earlier.
If your company is not doing that then its unethical, Because maternity leave is your right provided by law. you have not resigned from your post; so no matter of new posting.
Secondly
Check from other side also whether your company want you to keep free from burden/ or load work
concerning your health. may be company has decided to give you nominal work so that you should not get over worked & should take care your newly born baby freely.
So before going for any judgement check the real situation
Arun J.

From India, Hyderabad
Ashutosh Thakre
273

HR Professional
Hi,
The company can hire an person for replacement for the person works on temp. basis if the woman has gone on maternity leave. But they need to hand over the same profile to the person. They cannot take permanent appointment for the candidates position.
You can approach the courts, if the management is still adamant in this regards.
Regards,
Ashutosh Thakre

From India, Mumbai
pon1965
604

construction
In pvt organisations, they can ask you to do any work which suits to your profile. What if you are transferred to another dept even before you avail maternity leave? See the appointment letter conditions, all such clauses are normally captured.
Pon

From India, Lucknow
ravi5554
421

Asst.Manager -HR
Hi,
I am not agree with Pon and Farah.
1. You are legally get back your work in same work place with same profile, who told that if any one will get maternity benefit then they can promote to any dept which suits their profile...very funny.
if any MBA-HR avail the maternity benefit then they will tell He/She to do HR-Marketing work, which appointment letter states that please upload the copy in Cite Hr so everyone can get clear.
Legally you can fight, if the management is not ready to give you back your old position then write mail to Labour commissioner and make CC to HR.

From India, Mumbai
varghesemathew
906

Now freelance consultant in Labour law/HR
There is no benefit in going to Labor Commissioner.He is there to mainly to deal with industrial disputes of workmen.The person concerned is not a workmen and her problem is not an industrial dispute.
Varghese Mathew

From India, Thiruvananthapuram
GOPALPERIWAL
13

GM-Commercial
With due respect to all,
I am afraid how can one who resume on duty after such a long 84 days, expect to take back charge of the exactly same work which one was doing before going on leave. The organisation's management must have made some arrangement to take care of the work which was being handled by the person on leave by some one else. Might be possible new person is performing work better than earlier one. Might be possible that management want some time for re-hand over take over.
Going to the court or legal means lending in situation for in-definite time period. Also check status who can go in labour court.
Matured person always settles the issue amicably.

From India, Gwalior
Dear Mam,
My opinion- Even if after your request,if the HOD is not reinstating you on your original work, you have no option but to accept the new role which has been offered. By continuing to fight against HOD's decision, you may spoil your relations & future prospects in the present organization. Second option would be to find a new job & quit. As per my assessment it looks that your HOD is happy with the performance of the new person who has taken over your role. Please accept the fact & decide on any of the two options I suggested above. Please don't fight against the management, it would yield adverse results, your image in the organization will get spoiled. At this stage your priority is to take care of your Baby & earn money at the same time.
In the new role you may have an opportunity to prove your abilities & grow. I wish you best of luck for the future.
Regards,
Satish Akut

From India, Pune
[email protected]
730

Finance Manager
Pon has replied aptly please go through your appointment clauses, whether you can be transferred from one location to other, from one department to other department and/or any sister concern without hampering the employment benefits, if so then the employer can very well do the same. Moreover if you legally fight it will bring more stress to your health and mind. As rightly said by Satish Akut the new employee's performance must be much better than your performance or the company does not want to give you load/burden or any project which need devotion as you will require nursing breaks too, so think logically before you act
From India, Ahmadabad

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