My company is transfering me to such 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 yrs old and if I shift to a new location, there will be no one to take care of her. And the salary I get will not be enough to stay with my family in the new location. Thr company is asking me to either take the tranafer or leave. Now under this circumstances, if I dont take the transfer and also dont resign, can I ask the company to ask me to leave after giving me a notice of 30 days? Please let me know if I do that, should that have any consequence? g
From United States, Lincolnshire
4My baby is just 25 days old. My mother is 65 yrs old and if I shift to a new location, there will be no one to take care of her. And the salary I get will not be enough to stay with my family in the new location. Thr company is asking me to either take the tranafer or leave. Now under this circumstances, if I dont take the transfer and also dont resign, can I ask the company to ask me to leave after giving me a notice of 30 days? Please let me know if I do that, should that have any consequence? g
From United States, Lincolnshire
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 the period you are in receipt of maternity benefits an employee 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 6 weeks of child birth. In your case it is not just engaging in work but refusing eligible leave. In the 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) and if you are terminated, take the matter to the Labour Officer. Many do not file compliant just because once you file it you will become hostile, but think that law is made to be enforced and if employer is to follow it, don’t run the show. There are instances of women winning the battle 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
From India, Kannur
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) and if you are terminated, take the matter to the Labour Officer. Many do not file compliant just because once you file it you will become hostile, but think that law is made to be enforced and if employer is to follow it, don’t run the show. There are instances of women winning the battle 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
From India, Kannur
Thanks Madhu. But oops!! I forgot to mention in my post that I am the father and got my due paternity leave. But the concern is I have to leave my mom and wife of alone back home at this stage if I shift to the new location. And my salary is such that I cant even think of taking them along to the new location. Kindly reply.
From United States, Lincolnshire
From United States, Lincolnshire
I am sorry, I thought it was a query by woman.
In your case, I would say you are guided by transfer rules of the company and you have no choice but to follow it. However, there are a few court verdicts which say that though the management has right to transfer employees, the purpose should be genuine and that can be worked only in the case of low level employees who do not possess any special skill which the management can utilise if he is transferred to another place, like when a Driver is transferred and the transfer letter says that 'due to business exigencies, the management has decided to utilise your service at...(place...) and therefore, you are directed to.....' the letter itself will lose genuinity because a driver is not expected to show any thing extra or the skill required for a driver in Kochi would be similar to one required in Chennai. But at the same time, if a Sr. Chemist is transferred from Kochi to R&D Lab situated in Chennai, the intention would be genuine, that he can be better utilised in R&D department and the transfer has 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 find that you will be able to win the battle.
Madhu.T.K
From India, Kannur
In your case, I would say you are guided by transfer rules of the company and you have no choice but to follow it. However, there are a few court verdicts which say that though the management has right to transfer employees, the purpose should be genuine and that can be worked only in the case of low level employees who do not possess any special skill which the management can utilise if he is transferred to another place, like when a Driver is transferred and the transfer letter says that 'due to business exigencies, the management has decided to utilise your service at...(place...) and therefore, you are directed to.....' the letter itself will lose genuinity because a driver is not expected to show any thing extra or the skill required for a driver in Kochi would be similar to one required in Chennai. But at the same time, if a Sr. Chemist is transferred from Kochi to R&D Lab situated in Chennai, the intention would be genuine, that he can be better utilised in R&D department and the transfer has 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 find that you will be able to win the battle.
Madhu.T.K
From India, Kannur
Dear Madhu, still asking, is it okay to ask the company to terminate me with 1 month notice or salary in lieu rather than me going ahead and resign. My boss is asking me to resign if I dont accept the transfer. Please suggest.
From United States, Lincolnshire
From United States, Lincolnshire
Dear Suman2050,
Terminating your services by your company may go against your service record and you may find difficulties in getting a new employment.
My suggestion, rather you have no option but to resign, to give a notice of resignation and request the management to consider some time beyond notice period to find out new job. Once you are unemployed, it is very difficult to get an employment. Your bargaining power is finished on your unemployment.
Wish you best luck.
From India, Mumbai
Terminating your services by your company may go against your service record and you may find difficulties in getting a new employment.
My suggestion, rather you have no option but to resign, to give a notice of resignation and request the management to consider some time beyond notice period to find out new job. Once you are unemployed, it is very difficult to get an employment. Your bargaining power is finished on your unemployment.
Wish you best luck.
From India, Mumbai
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Company Separation and Clearance Form.doc