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samiksha-mayank
Dear All, I am from Mumbai. I’m six months pregnant and working in a Service Ltd company. My company has issued me a transfer letter to a branch 40 km from my residence. They have given me two options: to accept or to resign.

Please suggest what I should do.

From India, Mumbai
Dinesh Divekar
7879

Dear Samiksha Mayank,

What has happened to you is regrettable. You are already in or about to enter the last trimester of the pregnancy. Against this backdrop, commuting 40 KM away is difficult. But then there could be more than meets the eye.

Did you inform the company officials about your pregnancy? If yes, how did you inform them, whom did you inform, and what was the mode of communication? Ideally, the woman is expected to declare her pregnancy upon completion of her first trimester or even one or two weeks earlier. She is expected to provide a certificate from a certified gynaecologist. Did you provide the certificate to the HR Department, and if yes, did you route it through your HOD?

The second thought that comes to one's mind is the ploy made by the company's administration. Are you not in the good books of your HOD or the top "boss"? They know well that while in the advanced stage of the pregnancy, it will be difficult for you to accept the transfer. Therefore, the option for you is to resign from the job. The transfer is nothing but an unsuitable condition created with a hidden motive.

You have a few options at hand. The first option is to accept the transfer. The second is to resign from the job. The third option is to apply for the deferment of the transfer till the completion of your maternity leave. The fourth option lies in the middle of the first two. You apply for the maternity leave with immediate effect. If you wish to resign, then you can give your resignation while proceeding on the maternity leave. In the resignation letter, you can request to treat the maternity leave as your notice period.

Thanks,

Dinesh Divekar

From India, Bangalore
vmlakshminarayanan
942

Hi,

As rightly pointed out by Senior Member Mr.Dinesh Divekar, it is not clear whether you had updated your Employer in advance about your pregnancy supported with necessary medical proof. It is an indirect act of compelling you to resign. Please consult your Doctor. You can get a certificate from Gynecologist stating that travelling 40 kms at this point of juncture will affect pregnancy and there are possibilities of miscarriage as well. Still if your employer insists for transfer you submit a complaint with Office of the Labour Commissioner / Assistant Labour Commissioner / Labour Inspector of your office jurisdiction and request for their intervention. Hopefully your employer will not pressurize you after this move. Of course your relationship with your employer will get constrained due to your move. Better you avail Maternity leave with salary for 182 days and then get relieved and look for other offer. Obviously if you continue after delivery your employer will transfer you again out of resentment.

From India, Madras
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