Umakanthan53
Labour Law & Hr Consultant
Manojkamble
Sr. Hr Executive
+1 Other

Thread Started by #rupadhyay.upadhyayme@gmail.com

What is transfer policy when his wife is pregnant? Could some one deny for transfer to another place if his wife is pregnant?
26th December 2017 From India, Mumbai
If your wife is pregnant why don't you request your current employer to postpone the transfer date. Denial of transfer order may be considered as Misconduct rather try to resolve the subject amicably. Transfer is prerogative of an Employer please refer your appointment Letter for the same.
26th December 2017 From India, Pune
Yes if your transfer clause is mentioned earlier in the appointment or HR Manual or Standing orders, you need not deny it.
Try to have it deferred to another date after speaking to the Management/HOD if possible and they have an alternative option.
Or else you need to obey seeking special permissions in times of emergency.
I think Management will understand your concern and place someone else if they have an alternative resource.
26th December 2017 From India, Hyderabad
Hi,
Please go through your appointment letter for clause of Transfer. If your letter has a clause for transfer which is always part of appointment letter format then you cannot do much rather than requesting your seniors for consideration. Request for consideration will be more useful in comparison to denial as your management will never accept denial but yes on humanitarian ground they may think again and will try to help you as much as possible.
26th December 2017
Dear Friend,
I am not able to ascertain the feeling behind your question exactly - whether anger or frustration or simply a doubt of academic value in formulating an impeccable transfer policy for the organization. Transfer is an incidence of service and a prerogative of the employer based on the exigencies of work. At the same time it should not be an act of victimization or colorable exercise of power. Subject to such premise, the inconvenience,if any caused to an employee consequent on his transfer in the interest or necessities of work can not be a matter of concern nor it would be practical for the employer to formally ascertain the willingness of the employee concerned. However, there are certain general exceptions to put off a transfer with reference to the time of transfer like middle of the academic year, the employee being a pregnant woman, the employee or any one of his family members undergoing some specialised treatment for some critical illness and specific exceptions to avoid a transfer with reference to distance when the employee being a physically-challenged person of a higher degree, of the very lower cadre and the like. Thus humanitarian consideration has to be in the matter of normal transfer on case to case basis only. Truly speaking, a husband can not be indifferent to a pregnant wife whatever the stage of her pregnancy be. But three months is an early stage of pregnancy during which other members of the family can take care of her well. The concerned employee has to make alternative arrangements in such a situation or if it is not possible he can appeal to the employer to put off his transfer and the employer can consider it. But total refusal of the orders of transfer by the employee on this score can not be acceptable.
26th December 2017 From India, Salem
Dear Friend,
Transfer is inevitable in your case. You need to pray your employer to stop transfer for time being, if they can.
29th December 2017 From India, Mumbai
#Anonymous
Just tell her to inform HR that she is pregnant and can't go for any transfer of employment. If still forces to transfer you can go a head as per your wish whether to continue or relieve from the services.
If she is maternity leave and asked to go on transfer than you can go legally if forced from the company.
29th December 2017 From India, Hyderabad
What is the nature of your job?
Transfer is part and parcel of many jobs in companies which have branches at other places.
Your case can be at best a compassionate case and can ask for deferment of transfer.
So try and put up a case for delaying the transfer order.
Refusal to go on transfer can result in loosing the job itself.
29th December 2017 From India, Pune
Yes
First know the gravity of the result when his absence at his home..
Usually if no problem the employee automatically goes. If certain danger of her wife's health he denied.
Go for alternate arrangements on humanitarian concern. help him to retain in the present station for the time being..
Nothing more to apply except natural justice.
24th October 2018 From India, Nellore
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