Feeling Unfairly Reassigned After Maternity Leave – How Should I Respond?

Hi,

I resumed my duty after maternity leave, but the company has shifted me to another department by saying that I will not be able to give full attention to my existing tasks. They have given my tasks to the lady who was appointed temporarily in my place.

Please confirm what to do.

Thanks,
Manjeet Kaur

You prefer to file a complaint with the labor officer in your area and also lodge a complaint with the local women's police station for harassment, with the help of a competent lawyer.

Inter-departmental Transfers and Employee Rights

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

In which department were you working previously, and to which department have you been transferred? Why do you refer to it as a "dead" department? How can any company have a specific department to dump unwanted persons there? Are you working in a government organization?

You may submit an application for reinstatement to your previous department. You can mention that over time, while working in that department, you have acquired a certain skill set or competence, and your placement in another department could lead to the underutilization of your capacities. This would result in an organizational loss.

Caution in Interpreting Transfers

For Kumar: We do not have all the facts of the case. Therefore, interpreting the inter-departmental transfer as harassment would be an overstatement. Additionally, recommending filing a police case seems premature. Without understanding the internal dynamics of the company, it is essential for seniors to exercise discretion before making recommendations. The information provided is too inadequate to make a firm judgment.

For further queries, feel free to contact me.

Thanks,

Dinesh Divekar

Dear Guidance Seeker,

Your Query: "I resumed my duty after maternity leave, but the company has shifted me to another department by saying you will not be able to give full attention to your existing task and given my task to the lady who was appointed temporarily in my place. Please confirm what to do? Manjeet Kaur.

Position: As any employed person has the fundamental right to earn his/her livelihood, the employer has the right to employ/deploy/shift elsewhere, and the person so employed in the establishment without any prejudice and arbitrariness, provided further that such deployment/shift to another work location does not involve or result in any decrease whatsoever in his/her emoluments and conditions of employment/service.

Employers must have maintainable materials on record to substantiate their 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 a temporary nature or permanent. Any employed person can always address her grievances, pain points, or suggestions with the superior management hierarchy.

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

Regards, Team Kritarth

Career Path Decisions

It's just a view; no one has the right, including any company's management, to decide and change the career path of an individual. If they do so, no kind of cooperation should be expected. Any individual has their own career plans and the right to follow them. They plan their academics and choose jobs accordingly. If there are changes, they have the right to make decisions that will once again put them on the career path they had chosen for themselves.

As a professional company, they should discuss with their employee if they are planning to change his or her profile. If the employee is not okay with it, they can put forth their point. Even after a healthy discussion, if both parties are unable to reach a mutually beneficial decision, they can decide to part ways.

Thanks and Regards,
Neha Bhardwaj

According to me, it would be unfair to raise an objection to the transfer from an existing department to a 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 wishes to achieve them. Instead of complaining and considering this as harassment, it would be better if you put in an application for returning to your previous department or have a mutual discussion with your company's administration.