Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
Prashant B Ingawale
Transferring woman employee who is 3-month pregnant for a period of 2-3 months could be ploy of your company head. Is he creating conditions for your exit? Is he testing your nerve? If you do not obey the orders then it could be treated as indiscipline and it becomes ground for him to take disciplinary action against you! Of course, this is figment of my imagination but it cannot be ruled out in toto.
However, what needs to be known is why your employer has chosen you and not someone else? Is sending staff from your office to the Gurgaon office is a regular feature of the office activity? How many times woman employees have been sent for temporary duty to Gurgaon? Do you possess specific skill set that others cannot? If not you, then can employer have alternate choice? In case if you go to Gurgaon, what will be arrangement for your accommodation? Does company provides guest house?
As such your first trimester is over. You may write an application stating that you need an attendant as well as elderly person at home. Though the transfer is for a limited period, taking your mother or any other elderly person along with you to Gurgaon is not feasible. Moreover, most of the nursing homes prefer pregnant women to take ante-natal care and guidance in their nursing home only. Your temporary duty at Gurgaon could upset this schedule. Against this backdrop, order for your temporary duty at outstation may be rescinded permanently.
In case, if the employer remains inexorable, then you may approach the Labour Officer (LO) under whose jurisdiction your company falls into. Again the intervention of the LO is little doubtful as nothing is illegal as far as transfer order is considered. However, if LO agrees to pitch for you then it will not be that easy for your employer to go against LO's recommendation. On the flip side, it could ruffle your employer. However, how to handle that situation needs to be discussed separately.
11th October 2017 From India, Bangalore
1st whether this is transfer or deputation needs to be seen, as this is only for a period of 2-3 months.
In general transfer a veil rule without promotion is supposed to be a punishment, until it is requested. That too in a situation you are in. I am not sure if there is somebody above and over you in HR department, which was not shared. Whether, only your presence is a must at new place?
The next issue is what is your travel policy and other benefits given on such transfer, i feel , if it a deputation or transfer as it is only for 2-3 months and not transfer. say you are entitled to 2nd ac and company has been kind enough to fly you to new place, there is a positive in that move.
However, if it insists that you go to new place and also by only train, this needs to be looked into. Also, check if earlier cases of maternity leave has been provided to past women employee's.
All the above, will throw light on what the company intends to do , with your transfer at this juncture and can be decided, if this is positive or negative step.
I understand your need to work, but if HR Manager is treated in this way ( presuming) if it is negative, then it needs to be given a thought, for you to continue.in such company, rather else take welcome break and then re-join other company locally, once you are ready to be in action as you are already experienced.
Also , I hope you must be already above and over threshold of Rs.21000/- , so you are not covered under ESI or could have automatically covered under them, where employer would have limited choice and legally contested too.
Hope this helps.
11th October 2017 From India, Visakhapatnam
#AnonymousI am the only person in HR and we have a corporate office in Gurgaon now. I was supposed to get transferred in the month of August permanently but it got delayed now he want to transfer me until my ML and the permanent transfer after my ML.
11th October 2017 From India, Nagpur
Since you are the only resource person looking after the HR functions of the entire company which operates from Gurgaon, I am able to take an underlying cue from your own posts that you are also of the opinion that such a move is essential and inevitable from the administrative point of view but for your pregnancy. Though your pregnancy is in the early stage of 3 months, frequent travels and change of places and their impact on your mind and body is really a matter of concern that can not be totally dismissed on the ground of managerial expediency. But, alternatively, shifting to Gurgaon permanently now itself, in my personal opinion, may ensure better adaptation, flexibility of working and the like provided you have the support of your family as well as the Management. I think it is better for your Management and yourself to have a matured approach based on the mutual difficulties rather than upon the issue of legality. Better, consult your husband and other senior members of your family and then have a positive discussion with your Company Head.
12th October 2017 From India, Salem
Does your appointment letter have any provision for transfer to other branch offices out of your working place? Are you working in any mangerial or administrative position? You can apply to your company that you are in your second trimester and not allowed to fly in this condition. When do you plan to avail the maternity benefit? I hope you know that it is amended to 26 weeks of maternity leave. You can inform them your status of pregnancy and request for withdrawal of transfer
14th October 2017 From India, Pune