I wish to give my perception of the case.
Instead of becoming adamant about getting back the earlier assignment, after a huge gap of almost 3 months, consider the situation from a career perspective. Change is the only thing that is permanent. Assume that this change of assignment you are being offered may be something good for your career. May be you should be able to prove your talent in the new assignment. Because of your insistence on getting back the old assignment, your mindset is against the new task. It is always better to learn everything in life. A closed mind will close all doors in front of you. Accept it as a new challenge in front of you. Learn to excel in everything you take up.
I started my career as a Stenographer, from then on to become Personal Assistant in GOI, from there to Secretary in private company and from then on to Executive HR and retired as Head of HR / Sr DGM in the same company.... Had I been adamant that I will do only Secretarial work, I would not have reached this position in my career !
Best wishes
From India
581Instead of becoming adamant about getting back the earlier assignment, after a huge gap of almost 3 months, consider the situation from a career perspective. Change is the only thing that is permanent. Assume that this change of assignment you are being offered may be something good for your career. May be you should be able to prove your talent in the new assignment. Because of your insistence on getting back the old assignment, your mindset is against the new task. It is always better to learn everything in life. A closed mind will close all doors in front of you. Accept it as a new challenge in front of you. Learn to excel in everything you take up.
I started my career as a Stenographer, from then on to become Personal Assistant in GOI, from there to Secretary in private company and from then on to Executive HR and retired as Head of HR / Sr DGM in the same company.... Had I been adamant that I will do only Secretarial work, I would not have reached this position in my career !
Best wishes
From India
Dear friends,
I's a debatable subject.
1.Does an employee enjoys a constitutional right to a post &/or the type, nature of job one has been apptt.to or not.
2.On the contrary whether or not the employer has the right to reassign diff. duties other than those for which he/she has been apptt to.
3.And whether the employer inevitably should include a clause in their offer/apptt.letter envisaging reallocation of duties at their discretion. And if so employee will have the right to refuse such reallocation whilst retaining the nature of duties originally allotted to him/her.
4. If the right to the employer is upheld whether an employee can claim a reallocation suo motu.
- Friends pl.respond to this citing decided case laws. Incidentally we will be able answer to this pertinent query here.
From India, Bangalore
I's a debatable subject.
1.Does an employee enjoys a constitutional right to a post &/or the type, nature of job one has been apptt.to or not.
2.On the contrary whether or not the employer has the right to reassign diff. duties other than those for which he/she has been apptt to.
3.And whether the employer inevitably should include a clause in their offer/apptt.letter envisaging reallocation of duties at their discretion. And if so employee will have the right to refuse such reallocation whilst retaining the nature of duties originally allotted to him/her.
4. If the right to the employer is upheld whether an employee can claim a reallocation suo motu.
- Friends pl.respond to this citing decided case laws. Incidentally we will be able answer to this pertinent query here.
From India, Bangalore
Mr. Kumar has raised excellent points, which will have repercussion / impact on both the employer and employee. Certainly this point should be debated in a larger forum, comprising of HR experts !
From India
From India
Dear Sravanthigeda
The sole aim of the maternity benefit act is to extend financial assistance as well as protection of service during this period and also some protection during the pregnancy period.
Accordingly, you can rejoin on the post which was held previously. Although it is not a industrial dispute as they have neither denied your joining nor forfeited your salary in lieu of maternity leave. The point is they have adjusted you alternatively since the post you were holding has been filled.
In your case, you can pursue your grievance with the senior management and if not satisfied, then you can approach to the labour cum conciliation officer of the area. As pointed out by Mr. Mathew, the definition of Supervisor or Manager in Industrial Disputes Act is concerned, just designation or salary ceiling is not enough. The duties and powers vested are more important to prove.
P K Sharma
From India, Delhi
The sole aim of the maternity benefit act is to extend financial assistance as well as protection of service during this period and also some protection during the pregnancy period.
Accordingly, you can rejoin on the post which was held previously. Although it is not a industrial dispute as they have neither denied your joining nor forfeited your salary in lieu of maternity leave. The point is they have adjusted you alternatively since the post you were holding has been filled.
In your case, you can pursue your grievance with the senior management and if not satisfied, then you can approach to the labour cum conciliation officer of the area. As pointed out by Mr. Mathew, the definition of Supervisor or Manager in Industrial Disputes Act is concerned, just designation or salary ceiling is not enough. The duties and powers vested are more important to prove.
P K Sharma
From India, Delhi
Hello,
Followers - Saji & NK Sundaram, have given legal and practical approach to your issue. Pl take care of both views and continue with employment without bothering much about the nature of new assignment. Change is always for good, this is my personal experience. Prove your skills there and make the management accept your importance. Pay attention to your new baby and enjoy both - motherhood & work.
Best of luck.
AK Jain
From India, Jabalpur
Followers - Saji & NK Sundaram, have given legal and practical approach to your issue. Pl take care of both views and continue with employment without bothering much about the nature of new assignment. Change is always for good, this is my personal experience. Prove your skills there and make the management accept your importance. Pay attention to your new baby and enjoy both - motherhood & work.
Best of luck.
AK Jain
From India, Jabalpur
Aditya,
What you have mentioned is wrong and I would support the comments given by Pon and Sundaram. Do you think if she writes up to the labour department, should she be allowed to work in the department? Practically if a company wants to send an employee out, they have thousand ways to do it.
Sravanthigeda,
If an employee goes on a Maternity, then the company needs to fill that place without anyone in the company or a consultant outside, as someone should handle the task assigned by her. Here the company had asked another employee to handle your tasks. This might be for a temporary basis. However think in this way, what is the present employee who is taking up the task is performing better than the you.
You said that you have been assigned some other tasks. I am pretty much sure that you have been assigned work in HR department and not in the any other department. I would suggest you to understand what Sundaram has commented and would appreciate if you could take up his points, as well as what Pon has recommended.
Thanks,
Mahesh
From India, Bangalore
What you have mentioned is wrong and I would support the comments given by Pon and Sundaram. Do you think if she writes up to the labour department, should she be allowed to work in the department? Practically if a company wants to send an employee out, they have thousand ways to do it.
Sravanthigeda,
If an employee goes on a Maternity, then the company needs to fill that place without anyone in the company or a consultant outside, as someone should handle the task assigned by her. Here the company had asked another employee to handle your tasks. This might be for a temporary basis. However think in this way, what is the present employee who is taking up the task is performing better than the you.
You said that you have been assigned some other tasks. I am pretty much sure that you have been assigned work in HR department and not in the any other department. I would suggest you to understand what Sundaram has commented and would appreciate if you could take up his points, as well as what Pon has recommended.
Thanks,
Mahesh
From India, Bangalore
Supreme court has given decision on the demoting of an employee
Hon’ble Supreme Court, setting aside the order of the High Court held that appointing an Enquiry Officer at the time of framing the charge-sheet was not wrong. But, an employee cannot be relegated to a post lower than the one to which he/she was appointed. Thus, ordered reinstating the petitioner to his original post, but with lowest wages applicable to the post.
From India, Mumbai
Hon’ble Supreme Court, setting aside the order of the High Court held that appointing an Enquiry Officer at the time of framing the charge-sheet was not wrong. But, an employee cannot be relegated to a post lower than the one to which he/she was appointed. Thus, ordered reinstating the petitioner to his original post, but with lowest wages applicable to the post.
From India, Mumbai
Hi Aditya
Please do not jump into conclusion before repeatedly reading the post or understanding it, sorry for my language. Here the author is not demoted and also, she has not mentioned that she has been paid less than what she was drawing, so your Supreme Court decision on demoting the employee does not carry any value here. Hope that you will think logically and practically before giving any reply to those who require help/advice. It is the prime responsibility of every member to give a fair and practical views so that the thread member can come to a conclusion to act, rather than running post to pillar of any court for the sake of only satisfying the ego or for the sake of fight a legal suit.
From India, Ahmadabad
Please do not jump into conclusion before repeatedly reading the post or understanding it, sorry for my language. Here the author is not demoted and also, she has not mentioned that she has been paid less than what she was drawing, so your Supreme Court decision on demoting the employee does not carry any value here. Hope that you will think logically and practically before giving any reply to those who require help/advice. It is the prime responsibility of every member to give a fair and practical views so that the thread member can come to a conclusion to act, rather than running post to pillar of any court for the sake of only satisfying the ego or for the sake of fight a legal suit.
From India, Ahmadabad
If you were on maternity leave for 2-3 months. Your organization has hired a temp worker so the work you were doing doesnt get interrupted. Please dont panic. Since you are a HR, find out if there is any contract end date of that temp worker? There must be some! Regarding shuffling of work, you cant really complain much. In private organizations they make you do pretty much of any work they want to do. Wait for a few days and judge the situation then ask your supervisor about the situation and get clarity on why you are being made to do work which is not part of your job profile? Sometimes instead of speculation, you should hear it straight from the horse's mouth.
Also, the show doesnt stop it goes on. Please dont expect everything to remain the same in your organization while you were off on maternity. The work must go on anyhow.. So relax and take less stress. If you are still dissatisfied then move on..take another job! (y)
From India, Delhi
Also, the show doesnt stop it goes on. Please dont expect everything to remain the same in your organization while you were off on maternity. The work must go on anyhow.. So relax and take less stress. If you are still dissatisfied then move on..take another job! (y)
From India, Delhi
This matter has two folds from my perspective.
On one hand a lady is seeking the same role which she had left due to maternity and she made sure that she is back to her duties exactly after 84 days to ensure that her company doesn't suffer any longer.
On the other hand the company also tried its best to adhere to the maternity clause by paying her the salary and allowing her to join back. Like most of the companies the mentioned company also has its goals which needs to be achieved within specified time and hence, was bound to hire someone to manage the crisis.
Looking at both the aspects is important before taking any decision because both the employee and employer have tried to benefit each other in the process. If, I would have been the employee, I would have had a clear discussion with the Head and know from him/her about the future plan of my role (whether it will be re-assigned or it will change). I would have also taken this as an opportunity to re-think on my expertise and its relevance to the new role for a better career. A second discussion with the Head will surely help and is strongly recommended.
From India, Calcutta
On one hand a lady is seeking the same role which she had left due to maternity and she made sure that she is back to her duties exactly after 84 days to ensure that her company doesn't suffer any longer.
On the other hand the company also tried its best to adhere to the maternity clause by paying her the salary and allowing her to join back. Like most of the companies the mentioned company also has its goals which needs to be achieved within specified time and hence, was bound to hire someone to manage the crisis.
Looking at both the aspects is important before taking any decision because both the employee and employer have tried to benefit each other in the process. If, I would have been the employee, I would have had a clear discussion with the Head and know from him/her about the future plan of my role (whether it will be re-assigned or it will change). I would have also taken this as an opportunity to re-think on my expertise and its relevance to the new role for a better career. A second discussion with the Head will surely help and is strongly recommended.
From India, Calcutta
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf