hi,

i resume my duty after maternity leave, but company has shifted me to other (dead) department by saying you will not able to give full attention to your existing task and given my task to the lady who was appointed temporary at my place.

Please confirm what to do?

thanks
Manjeet Kaur
8th June 2017 From India, Delhi

you prefer a complaint with labour officer of your area and also lodge a complaint with local women police station as harassment with the help of a competent lawyer
8th June 2017 From India, New Delhi
How can you mention this as 'harassment' if you decide to lodge a formal complaint?
8th June 2017 From India, Mumbai
Dear Manjeet Kaur,

Administration of any company reserves right to transfer an employee from one department to another. Many companies also insert clause to this effect in the appointment letter. Therefore, it would be unfair to raise objection on the inter-departmental transfer.

In what department you had been working and now you had been transferred to which department? Why do you say that it is "dead" department? How any company can have certain department to dump unwanted persons there? Are you working in the government organisation?

You may put up application for reinstatement to your previous department. You may write that over a period of time by working in that department you have acquired certain skill set or competence and your placement to another department could lead to under-utilisation of your capacities. This is organisational loss.

For Kumar: - We do not know the facts of the case completely. Therefore, interpreting the inter-departmental transfer as harassment would be overstatement. Going further you have recommended to file police case also. But then who has done crime and under what section? We the seniors have to exercise discretion while recommending something as we do not know the internal dynamics of the company. The information given is too inadequate.

For further queries, feel free to contact me.

Thanks,

Dinesh Divekar
8th June 2017 From India, Bangalore
Dear Guidance Seeker,

Your Query: " I resume my duty after maternity leave, but the company has shifted me to other (dead) department by saying you will not able to give full attention to your existing task and given my task to the lady who was appointed temporary at my place. Please confirm what to do? Manjeet Kaur.

Position: As any Employed Person has the Fundamental Right to earn her/his livelihood, the Employer has the Right to employ/deploy/shift elsewhere and Person so employed in the Establishment without any prejudice and arbitrariness provided further that such deployment/shift to other work location does not involve and or result in any decrease, whatsoever in her/his Emoluments and or conditions of Employment/Service.

Employers must have maintainable materials on record to substantiate his/her action to suitably deploy/shift/employ you in keeping with your Capabilities, Competence and suitability for the new Job/work location. You can ask/check from the Employer / Your Superiors whether your present deployment/shift /change of work location is of temporary nature or permanent. Any Employed Person can always take up her grief, grievance, Pain-Points or Suggestions with Superior Management Hierarchy.

The aforesaid is a standpoint of Team Kritarth and needs to be viewed in that spirit.

Team Kritarth,
9.6.17
9th June 2017 From India, Delhi
This is not at all a case of harassment. It will be better if you change your way of thinking and start enjoying your new job. Even if you feel that it is a dead department, please make it lively . You must co operate with your management.
12th June 2017 From India, Delhi
Dear All,

Its just a view no one has right including any company's Management to decide and change career path of an individual. if they do so no kind of cooperation should be expected.

Any individual has their own career plans and has right to follow it. They plan their academics and choose job accordingly and if there are changes they have right to take decision that will again put them on career path that they had decided for them.

As a professional company they should discuss with their employee if they are planning to change his or her profile. If they are not ok with it they can putforth their point and if even after healthy discussion both the parties are unable to reach and mutually benefiting decision they can decide to part ways.


Thanks and Regards
Neha Bhardwaj
14th June 2017 From India, Mumbai
Anonymous 
Dear Manjeet Kaur,

According to me, it would be unfair to raise an objection to the transfer

from an existing department to the new one because every company’s

administration reserves the right to transfer any employee from one

department to another. I understand that each one of us has some career

plans and wish to achieve them. Instead of complaining and considering

this as harassment, it would be better if you will put an application for

returning to your previous department or have a mutual discussion with

your companies Administration.
15th June 2017 From India, Delhi
 

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