Hello Professionals,
I have just rejoined my organization after my maternity leave. The company has four units. I am residing in Vaishali, and the unit I worked in is also in Vaishali, just two minutes from my place. However, upon rejoining, they transferred me to a unit 58 km away from Vaishali because this unit is going on lease. They have also asked for my resignation and are not providing a notice period. Kindly respond as soon as possible.
From India, Delhi
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I have just rejoined my organization after my maternity leave. The company has four units. I am residing in Vaishali, and the unit I worked in is also in Vaishali, just two minutes from my place. However, upon rejoining, they transferred me to a unit 58 km away from Vaishali because this unit is going on lease. They have also asked for my resignation and are not providing a notice period. Kindly respond as soon as possible.
From India, Delhi
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Transfer and Employee Rights
Transfer is a management prerogative, and an employee is expected to comply with it. However, an employee cannot be forced to resign. An employer can retrench an employee if there is redundancy or if the unit is closed. Alternatively, the employer can ask employees to join another organization. All these actions must follow the rules prescribed in the Industrial Disputes Act, which includes giving notice of retrenchment or paying a salary to compensate for the notice period. These actions should not affect other enactments or deny benefits under other laws.
Maternity Benefits and Transfer
Normally, transfer and relocation occur before the leave starts. In your case, you have availed of the maternity benefits in full, and there is no denial of rights under the Maternity Benefits Act. If you are not comfortable with the transfer, you have the option to resign. However, demanding resignation is incorrect.
From India, Kannur
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4526Transfer is a management prerogative, and an employee is expected to comply with it. However, an employee cannot be forced to resign. An employer can retrench an employee if there is redundancy or if the unit is closed. Alternatively, the employer can ask employees to join another organization. All these actions must follow the rules prescribed in the Industrial Disputes Act, which includes giving notice of retrenchment or paying a salary to compensate for the notice period. These actions should not affect other enactments or deny benefits under other laws.
Maternity Benefits and Transfer
Normally, transfer and relocation occur before the leave starts. In your case, you have availed of the maternity benefits in full, and there is no denial of rights under the Maternity Benefits Act. If you are not comfortable with the transfer, you have the option to resign. However, demanding resignation is incorrect.
From India, Kannur
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Hi, This is unfair. Though the employer reserves the right to transfer their employees to other branches/units due to exigencies of business requirements, this transfer, especially for a mother of a newborn baby, does not make sense.
Have they paid your Maternity Benefit payment?
If the employer is forcing you to resign, either they should provide notice pay as per your appointment terms or allow you to serve the proper notice period. It is better to submit your resignation and get properly relieved rather than wasting time on challenging the employer legally. The reason being, even if you represent before labor officials, your employer might present some convincing reasons for the transfer.
From India, Madras
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Have they paid your Maternity Benefit payment?
If the employer is forcing you to resign, either they should provide notice pay as per your appointment terms or allow you to serve the proper notice period. It is better to submit your resignation and get properly relieved rather than wasting time on challenging the employer legally. The reason being, even if you represent before labor officials, your employer might present some convincing reasons for the transfer.
From India, Madras
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Maternity Leave Policy - posting.doc