What all legal rights do a female employer have in public sector bank?
We need help. Please Help on these points:- 1. Female employee does not have any right for transfer in public sector bank of India, if she is in physical, family, children problem?
2. Probation period of the job can be extended if she gone to Pregnancy Leave or any type of leave?
3. Can she not take Child care leave in Probation period? If she can, this is paid or without pay?
4. If she has legal rights please explain all rights in brief.
5. Can she take legal action against HRM and Director of the bank to mis-guide her?
Before we delve into the answers to your specific queries, we would like to inform you that no employee whether male or female has no absolute right to get transferred. An employee cannot seek transfer to a place of his/her convenience. It is the discretion of the Employer (which is Govt of India / Govt of the state) to transfer an employee to any place based on the requirements.
Now responding to your queries:
1. As mentioned above, no employee has an absolute right to seek transfer as per his convenience; however relaxation is made in case of any physical disability / handicap and such an employee can claim transfer at a nearby place in terms of the Government of India Guidelines for transfer.
In your case, if the problem is genuine, a representation can be made, however it cannot be claimed as a matter of right.
2. For this we need to examine your appointment rules i.e. the Employment Contract. Probation period is generally extended based on the rules. It can be extended in various cases such as unsatisfactory performance etc. It is to the discretion of the Employer, however he has to give reasons for the same. Extending the probation period solely on the grounds of maternity leaves or for that matter any type of leaves is generally not done. However, if out of the 6 months of probation period, if you were on leave for 3 months, then the employer shall have a genuine reason to extend the probation period as the evaluation could not have been completed in half the time.
3. As per Maternity Benefits Act woman employee is entitled to maternity benefits if she has worked for 80 days during 12 months immediately preceding the date of delivery. Probation or a service of one year is immaterial for maternity benefit.
Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older. CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
This period is with pay.
4. See basically, an employee does not have an absolute right to get transferred to her desired place but, however, an employee has a right to request for her transfer at a nearby place and Central Government, being a model employer, can always consider the request keeping in view the compelling circumstances.
5. Legal action, including civil suit for compensation on account of harassment / misguidance, can be taken against HR Manager and Director but, however, you need to adduce evidence to prove the existence of harassment.
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