Hello,
My maternity leave is completing in a few weeks. I contacted my senior and asked him about the process to rejoin the company. He said that currently, your position is already filled, and you have to relocate to some other state or city. In reality, he is playing a game. He knows that I can't relocate to any place without my husband and kid. Could you please suggest what my legal rights are in this situation? He mentioned that I either relocate to another place or resign. What should I do?
From India, Jaipur
Acknowledge(0)
Amend(0)
1My maternity leave is completing in a few weeks. I contacted my senior and asked him about the process to rejoin the company. He said that currently, your position is already filled, and you have to relocate to some other state or city. In reality, he is playing a game. He knows that I can't relocate to any place without my husband and kid. Could you please suggest what my legal rights are in this situation? He mentioned that I either relocate to another place or resign. What should I do?
From India, Jaipur
Acknowledge(0)Amend(0)
If it is mentioned in your appointment letter that your job is transferable, then you have no legal remedy. You can at best send them a letter requesting them to cancel the transfer as you are joining after maternity, and relocation will cause anxiety and hardship to you and your baby.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear THEGR8KD,
As such Shrikant has given you the reply. Two possibilities emerge from your post. The first one is that your company has a requirement in another city or state. Therefore, the transfer could be normal. The second possibility is that your company wanted to remove you anyway. They filled the vacancy that arose because of your long absence. When you approached to rejoin, your transfer to another city or state is a ploy to remove you.
By the way, in the first sentence of your post, you used the term "the process to rejoin the company." However, after a leave, be it a long leave like maternity leave, employees "resume" their duties and do not "rejoin." There is no process as such. A smart manager should know on which date who is resuming duties. From your side, you could have sent just an email or SMS stating that your maternity leave will complete on ____ date and you will resume your duties the next day.
Anyway, when you receive the transfer order, you may file an application for the cancellation of the transfer owing to your family requirements. Approach the highest authority. Possibly, a senior authority may show clemency and put your transfer on hold.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
As such Shrikant has given you the reply. Two possibilities emerge from your post. The first one is that your company has a requirement in another city or state. Therefore, the transfer could be normal. The second possibility is that your company wanted to remove you anyway. They filled the vacancy that arose because of your long absence. When you approached to rejoin, your transfer to another city or state is a ploy to remove you.
By the way, in the first sentence of your post, you used the term "the process to rejoin the company." However, after a leave, be it a long leave like maternity leave, employees "resume" their duties and do not "rejoin." There is no process as such. A smart manager should know on which date who is resuming duties. From your side, you could have sent just an email or SMS stating that your maternity leave will complete on ____ date and you will resume your duties the next day.
Anyway, when you receive the transfer order, you may file an application for the cancellation of the transfer owing to your family requirements. Approach the highest authority. Possibly, a senior authority may show clemency and put your transfer on hold.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
1. Maternity is a statutory obligation on the employer, and as such, the employer cannot resort to such unfair labor practices.
2. Whatever your employer has done is incorrect and immoral.
3. What is your designation?
(Note: I have corrected the spelling, grammar, and punctuation errors in the provided text. I have also ensured proper paragraph formatting with a single line break between paragraphs.)
From India, Thane
Acknowledge(0)Amend(0)
2. Whatever your employer has done is incorrect and immoral.
3. What is your designation?
(Note: I have corrected the spelling, grammar, and punctuation errors in the provided text. I have also ensured proper paragraph formatting with a single line break between paragraphs.)
From India, Thane
Acknowledge(0)Amend(0)
It does not appear to be a bonafide transfer. You can report for duty with your medical certificate and question the illegal transfer before the appropriate forum. Admitting that during your maternity leave, the employer has made recruitment, which should have been on a temporary/contractual basis.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc