Hello Professionals, I have just joined my organization after my maternity leave. The company has 4 units. I am residing in Vaishali, and the unit I worked in is in Vaishali, only that it is 2 minutes from my place. Just after joining, they shifted me to a unit 58 km away from Vaishali as this is going on lease. They have asked for my resignation as well and are not giving a notice period. Kindly respond as soon as possible.
From India, Delhi
From India, Delhi
Transfer is a management prerogative. An employee is expected to obey it. Whereas an employee cannot be asked to resign though the employer can retrench an employee if there is redundancy or the unit is closed. alternatively, he can ask the employees to join another organisation. All these are to be done after following certain rules as prescribed in the Industrial Disputes Act. That include giving notice of retrenchment or paying salary to compensate notice. But nothing should have relation to other enactments or to refuse the benefits under other laws. Normally, the transfer and relocation etc will take place before the leave starts, but in your case you have availed the maternity benefits in full and there is no denial of rights under the Maternity Benefits Act. If you are not okay with the transfer, you can very well resign and go. But demanding resignation is wrong.
From India, Kannur
4246From India, Kannur
Hi,
This is unfair. Though Employer's reserves right to transfer their employees to other branches / units due to exigencies of business requirement this transfer especially for a mother of new born baby is not making sense.
Have they paid your Maternity Benefit payment ?
If Employer is forcing to resign either they should notice pay as per your appointment terms or should allow you to serve proper notice period. It is better you submit resignation and get relieved properly rather than wasting time on challenging the employer legally. Reason being even if you represent before Labour officials your employer might present some convincing reason for transfer.
From India, Madras
This is unfair. Though Employer's reserves right to transfer their employees to other branches / units due to exigencies of business requirement this transfer especially for a mother of new born baby is not making sense.
Have they paid your Maternity Benefit payment ?
If Employer is forcing to resign either they should notice pay as per your appointment terms or should allow you to serve proper notice period. It is better you submit resignation and get relieved properly rather than wasting time on challenging the employer legally. Reason being even if you represent before Labour officials your employer might present some convincing reason for transfer.
From India, Madras
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No issue cap for Maternity Leave-Madras High Court.pdf
Maternity Leave Policy - posting.doc