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Old 19th June 2012, 17:19   #1
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Default Can a mother of a young kid be transferred at work?

My Wife is working for a MNC bank in the back office. Officer grade, we had a baby girl 1.5 years back. Now she is not in the age to go to "Play school" or anything yet. We have a transfer order to shift back to Head Office City. All parents are sick, and we cannot leave them now. Catch 22

What are the legalities involving a transfer order to a Woman who has given birth recently? Can she be shunted like this with a 1 month notice? Please advice, we are in a situation, unable to convince the Unit head about this.

Someone with knowledge about corporate legalities, or prior experience please help.
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Old 19th June 2012, 17:42   #2
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Default re: Can a mother of a young kid be transferred at work?

If they are not convinced then better to quit a job and search a new one. I suggest to try once more to convince them may be talk to higher authorities. If not better Quit and look for better option
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Old 19th June 2012, 17:46   #3
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Default re: Can a mother of a young kid be transferred at work?

Quit and Search is out of question. We are not prepared for this after a lot of medical calamities.
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Old 19th June 2012, 18:27   #4
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Default

Quote:
Originally Posted by MillionSwords
we had a baby girl 1.5 years back.

All parents are sick, and we cannot leave them now. Catch 22

What are the legalities involving a transfer order to a Woman who has given birth recently? Can she be shunted like this with a 1 month notice?
A little more detail will help. Define recently? 1.5 years is definitely not recent.

Generally the laws protect pregnant women and not post pregnancy.
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Old 19th June 2012, 18:32   #5
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Default re: Can a mother of a young kid be transferred at work?

What's in her contract?

Has she spoken to HR about the situation?

It's better to speak to someone at the next level if things don't work out with the existing people she is speaking to. MNC's are usually very accommodating.
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Old 19th June 2012, 20:39   #6
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Default re: Can a mother of a young kid be transferred at work?

All countries and corporations have regulations where they have to provide maternity leave and other concessions for a certain period before and after childbirth. (usually weeks..sometimes months)

But it certainly does not apply after 1.5 years.

Last edited by Mpower : 19th June 2012 at 20:41.
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Old 19th June 2012, 21:02   #7
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Default re: Can a mother of a young kid be transferred at work?

I vaguely recall an old friend mentioning a similar strategy used for downsizing.

They know you will not be able to shift. SO rather than they fire you they give you a choice that you cannot accept.
Saves them severance pay.
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Old 19th June 2012, 22:02   #8
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Default re: Can a mother of a young kid be transferred at work?

There is nothing which prevents companies from transferring employees after 1.5 years of delivery. In fact as part of the appointment letter which your wife would also have signed, there would be a clause that she may be transferred to any of the offices in India or worldwide.

Quoting Bblost, this is a oft used strategy when it comes to downsizing.

Usually speaking to the department head may yield some positive result. But if it doesn't work out,the only thing I can see is to take the transfer, since you are not considering foregoing the job as an option.
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Old 20th June 2012, 07:21   #9
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Default re: Can a mother of a young kid be transferred at work?

Yes we understood this is a ploy to downsize.

The Unit head had visited here in the last month, and discussed the position here personally. He was not too keen to take them to Mumbai, but he was like "you guys should find another unit here in Chennai soon, I will refer someone here"

But he was in no mood to help actually. He is fairly a New Boss in the unit, and is from a Private National bank, from where he intends to bring in his people into the rolls.

I'm having a bad business time, and cannot support at this time, hence this job is inevitable to us. Don't know how to carry a baby to Mumbai and watch it all alone?

Last time she had a transfer, there were no letter and sorts. It all happened without any formal protocols, letters and papers. Dont even remember the HR coming into the scene...

So it's like if we need to stay here, we need to find another job? That's all is the security? of this Job? We would be with no issues if the baby is about 2 years old or so. She can go to play school, and not put things in her mouth! When she does not need a watchful eye 24/7

But thinking about ageing and sick parents it's a pain.

Any Banking HR BHP members or employees please PM me if she can fit in anywhere else...
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Old 20th June 2012, 09:07   #10
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Default re: Can a mother of a young kid be transferred at work?

MillionSwords, my sympathies. You certainly seem to be in a bit of a bind.

Check this thread (The "Jobs available in my organisation" thread) and see if anything helps.

Here's how I would look at it: if the company is forcing your wife into a Hobson's choice, they probably do NOT have her best interests at heart. You folks need to take a tough call here: is holding on to the job worth the toll this will take on your family?

Relocation is always traumatic but in this case it will be doubly so. And I really worry for the infant. Though I must tell you that, at 1.5 years, you can certainly look at professional full-daycare options.

Having said that. Mumbai is a tough city and if your wife has never lived there, managing with a small child may be a problem.

It's not a simple fix, unfortunately.
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Old 20th June 2012, 09:32   #11
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Default re: Can a mother of a young kid be transferred at work?

MillionSwords, from what you have described; your wife's job seems to be a critical component in your current situation. If the job can't be sacrificed, then moving to Mumbai temporarily is the option at least until she gets a new job or your business gets back on track. For a 1.5yr old child, there are qualified/reliable day care/playschools if you choose to send your child to one. Team work is a key here. My support and best wishes are with you.
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Old 20th June 2012, 10:50   #12
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Default re: Can a mother of a young kid be transferred at work?

Not an easy situation to be in, had a similar situation in our extended family and here was my advise.
  • Quit the job, now it did sounded suicidal to them but it was not as i knew their situation hence was able to explain, maybe you could do some calculations.
  • They were only calculating paychecks coming in, not calculating the EPF savings that were going in.
  • She had done many years at the same organization hence the EPF balance was quiet handsome.
  • After resigning, she withdrew EPF and that was enough for survive for more than a year without job, in this time she was able to find another job.
  • They had not calculated Superannuation and Gratuity benefits which also came to a decent amount.
Would recommend do calculate these numbers and if it looks decent enough to survive for six months to a year you can safely let the job go and find another one in the meantime.
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Old 20th June 2012, 11:13   #13
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Default re: Can a mother of a young kid be transferred at work?

Quote:
Originally Posted by MillionSwords View Post
Officer grade, we had a baby girl 1.5 years back. Now she is not in the age to go to "Play school" or anything yet. We have a transfer order to shift back to Head Office City.
Tough situation... my sympathies.

Do look at daycare options. In Mumbai, most apartment complexes with 10 or more buildings are like a world in itself, and would have Daycare centers. Leaving 1.5 year old in daycare is not an uncommon scenario for families with working parents.

Though, this would mean additional expense (Rental for new household in Mumbai would be around 8 - 20k for 1 Bedroom flat, cost of Daycare would add 2 -3k to it).

Is she being asked to shift to Vashi office of the organization?
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Old 20th June 2012, 12:09   #14
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Default re: Can a mother of a young kid be transferred at work?

I don't think any law can help you with a pregnancy that occurred 1.5 years ago. Even government offices give leave only only 3 or max 6 months. So that option is pretty much out of question. And thinking from the company's point of view, I think that the fact that they allowed 18 months leave is a good gesture already. Expecting them to keep on continuing the favors or making them act the way that is best for you by going any legal way is not a good return behavior from you.

Going by the manager's approach described by you, I am sorry to say but it seems that the current situation is intentional by him. You are forced to leave by giving you an option that is difficult to choose.

I second above opinion, of shifting to Mumbai till the job is critical, or till she finds another job in Chennai itself. There are many day care centers that handle children above 1 year very well, and this is something a working couple has to accept. All the best for your future.
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Old 20th June 2012, 12:23   #15
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Default re: Can a mother of a young kid be transferred at work?

Is Mumbai the only option offered or are there other possibilities? The reason I ask is that in terms of language/ surroundings perhaps your wife may be more comfortable in say Bangalore or Hyderabad than in Mumbai? Also would be easier for you to travel down more often in either direction.
Do you have any extended family in Mumbai who can be of any help?

I am sure babysitting is a decent option, but that would be atleast around 3K a month on top of rental expenses unless the employer is providing accomodation.
Considering you are self employed, you definitely cannot move. But is it possible for your/ her parents to move in with her for some time till she settles in and knows her neighbours/ area?
In this scene of recession, I would not recommend leaving the job and then loking for another one, regardless of what EPF/ PF savings you have. I would keep that aside for a rainy day.

I dont think this can be debated from the maternity/ pregnancy aspect as that is applied only within the first year max. Is there a colleague who can swap the transfer? perhaps someone who is from Mumbai or around who is looking to go back anyway?
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