Transfer to a new city or resign? Transfer to a new city or resign?

2 years ago

I am a working mother with 2 kids and last week my HR asked me to either transfer to a new city or I have to resign. I am unable to move to a new city due to my current family commitments. HR is saying that my option is either to resign or the company to terminate me.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may approach office of Labor Commissioner to resolve your issue as under:
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]


I could have explained more if background is known to me.

Please give me FIVE STAR if satisfied by my answers.

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Anik

Responded 2 years ago

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A.Dear Client,
The employee must give explicit or implicit content, and the original employer must fulfil its obligations to the employee. With employee consent, these transfers are legal. You must refer to your company's Employee Transfer Agreement if provided. You may also refer to a legal consultant for the same.
Thank you!
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To give opinion,it is necessary to scrutinize your Employment contact as specified in your Offer Letter for its terms, conditions and legal implications. If in your offer letter there was no mention regarding this sort of terms, then you are entitled to challenge such direction of that HR.
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