Facing a Tough Transfer Decision: Can I Request Termination Instead of Resigning?

My company is transferring me to a location where it is not possible for me to go due to the following reasons. My baby is just 25 days old. My mother is 65 years old, and if I shift to a new location, there will be no one to take care of her. Additionally, the salary I receive will not be enough to support my family in the new location. The company is asking me to either accept the transfer or resign. Now, under these circumstances, if I choose neither to take the transfer nor to resign, can I request the company to terminate my employment after giving me a 30-day notice? Please advise if I can do this and if there would be any consequences.

Your baby is just 25 days old, and you are directed to take charge in a remote location? Don’t you have maternity leave? If so, naturally, you would be on maternity leave, and during this period, you should not be subjected to dismissal from service. Similarly, as per Section 4 of the Maternity Benefits Act, an employer should not engage a woman in work within six weeks of childbirth. In your case, it is not just engaging in work but refusing eligible leave. Meanwhile, let me also assume that you have worked in the company for at least 80 days immediately preceding the date of delivery, which is one of the conditions for eligibility for the benefits under the Act.

This needs to be addressed with confidence. You may write to the employer asking for maternity leave and also the medical bonus, Rs 3500 (I hope no further change has been made about it). If you are terminated, take the matter to the Labour Officer. Many do not file a complaint just because once you file it, you will become hostile, but think that the law is made to be enforced, and if the employer is to follow it, don’t run the show. There are instances of women winning the battle in similar circumstances. Please also follow the following link:

Pay techie Rs 12.5 lakh for sacking her, Karnataka labour department orders US-based firm - The Times of India

Regards,
Madhu.T.K

Thank you, Madhu. Oops! I forgot to mention in my post that I am the father and I received my due paternity leave. However, the concern is that I would have to leave my mom and wife alone back home at this stage if I were to shift to the new location. Unfortunately, my salary is such that I can't even think of taking them along to the new location. Your response is appreciated.

I am sorry, I thought it was a query by a woman. In your case, I would say you are guided by the transfer rules of the company, and you have no choice but to follow them. However, there are a few court verdicts which state that though the management has the right to transfer employees, the purpose should be genuine. This can only be applied in the case of low-level employees who do not possess any special skills which the management can utilize if they are transferred to another place.

For example, when a driver is transferred, and the transfer letter states that 'due to business exigencies, the management has decided to utilize your service at (place...) and therefore, you are directed to...,' the letter itself may lose its genuineness because a driver is not expected to show any extraordinary skills. The skill required for a driver in Kochi would be similar to the one required in Chennai. However, if a Senior Chemist is transferred from Kochi to the R&D Lab situated in Chennai, the intention would be genuine as he can be better utilized in the R&D department, and the transfer makes sense.

In your case, I don't think that you would be able to establish that the intention of the management is wrong. Therefore, I don't believe that you will be able to win the battle.

Regards,
Madhu.T.K

I am still inquiring whether it is acceptable to request the company to terminate me with one month's notice or provide me with salary in lieu of notice, instead of me proceeding with a resignation. My boss is suggesting that I resign if I do not agree to the transfer. Please advise.

Regards,

Terminating your services by your company may go against your service record, and you may find it difficult to secure new employment. My suggestion is that instead of having no option but to resign, give a notice of resignation and request the management to consider allowing some time beyond the notice period to find a new job. Once you are unemployed, it is very difficult to secure employment. Your bargaining power is diminished when you are unemployed.

Wishing you the best of luck.