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?

 

Answer

 

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.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Labour & Service Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

15 Minutes Labour / Service Advice Session by Phone

4.8 | 476 ratings
Legal advice and answers from a local experienced advocate about your labour / service issue.
Document Review - Non Disclosure Agreement (NDA)

4.6 | 64 ratings
Review + 30 Min phone call - NDA review by a local experienced advocate
Document Review - Employment Agreement/Appointment Letter

4.8 | 191 ratings
Review + 30 Min phone call - Employement Agreement review by a local experienced advocate
Create an Employment Termination Letter

4.2 | 45 ratings
30 Min Intro call + Start to finish help - Termination Letter drafted by a local experienced advocate
Email to HR

4.4 | 46 ratings
15 Min Intro call + Start to finish help - Personalised email drafted by a local experienced advocate
Create a Non Disclosure Agreement (NDA)

4.6 | 73 ratings
30 Min Intro call + Start to finish help - NDA drafted by a local experienced advocate
Legal Notice for Recovery of Dues from Employer

4.8 | 421 ratings
30 Min Intro call + Start to finish help
Create an Employement Agreement

4.6 | 203 ratings
30 Min Intro call + Start to finish help - Employement agreement drafted by a local experienced advocate
Similar questions

How to get my salary from the employer who is refusing to pay…

Read More

Apex-Court issued a time-bound order to implement High-court order. It is 3 months past stipulated time. When and Where to file contempt Apex court or…

Read More

I want to change the Divorce Lawyer I had appointed for my case. I am not at all happy with her. She is a Supreme Court lawyer and she sends her junio…

Read More

Are one sided employment contracts valid and enforceable legally? I've joined a large size proprietorship company in senior management, …

Read More

Talk to a lawyer for your legal issue