Mental harassment at work
Dhiraj Negi
(Querist) 07 August 2014
This query is : Resolved
Hi All,
I am writing this query on behalf of my wife, who joined one of the private school in Noida, U.P and submitted her original academic documents in the school at the time of joining, school asked for that. She worked there for 3 months and gradually found in a situation where her supervisor and principal started harassing her mentally and she become a point of target. And because of such situation she is suffering from mental stress and depression, taking medication for the same.
On the health ground she gave the resignation in middle of the month since doctor advice her to take complete bed rest. When we went to school to get her original mark-sheets school denied to hand over that to us and again mental torcher started from there side. They are asking either for 1 month notice period or month salary because in appointment letter it is mentioned that candidate who resign before 6 months need to provide 1 month notice period or 1 month salary. However, this is an exception case where my wife reigned on medical grounds, for which nothing is mentioned in the appointment letter. She is not able to serve the notice period because of health issues and actually she is in depression because the principal.
Please advise what action we can take against the school for the mental harassment we been through and what legal action we need to take to get our possession (mark-sheets)back from the school. And also advise if we an claim any compensation from school for such harassment? And can I take any legal action against principle?
Please advise
ajay sethi
(Expert) 07 August 2014
pay 1 month salary as provided in appointment letter and collect your original mark sheet
Dhiraj Negi
(Querist) 07 August 2014
What about the harassment we faced, is there any law which abide the school to keep the documents forcefully in case 1month salary nt paid???
I am nt satisfied with your response. Because u r tell me the way which i don't want to follow after such humiliation. Please advise a way by which i can take appropriate legal action on school.
thanks
Kumar Doab
(Expert) 07 August 2014
The school is affiliated to which board: e.g. CBSE?
The original certificates are property of the employee and employer can not have any lien on it.
ajay sethi
(Expert) 07 August 2014
file police complaint against school for having retained original mark sheet of your wife . the reason why i suggested tto pay 1 month salary was to arrive at an amicable settlement as per terms of your appointment letter
Guest
(Expert) 07 August 2014
Mr. Dhiraj,
Your response, "I am nt satisfied with your response," to the reply of Shri Ajay Sethi is quite wondering. For the present, you may be satisfied or not by the advice of Shri Ajay Sethi, that is immaterial at this stage, as the terms of employment accepted by your wife before her employment would have to be satisfied by her. Either one month notice for resignation, or a month's salary in lieu of notice period. If that was not acceptable, your wife was free not to accept such conditions at that time, but cannot back out now.
For harassment, you have not mentioned the nature of harassment. However that depends upon how she is able to prove that. If she has some sound proof about that she should lodge a complaint with the local police.
Kumar Doab
(Expert) 07 August 2014
Regret I missed the comments as pointed out by Shri Dhingra ji;
""I am nt satisfied with your response,"
Everyone should observe Forum Rules while at the Forum.
If you are looking for appropriate resolution to your query, respond to the points raised in this thread.
Dhiraj Negi
(Querist) 07 August 2014
Respected Mr. Sethi, Mr. Doab and Mr. Dhingra,
My apologies for not providing details in brief, please don't take my words in other way. What i mean from the statement ' I am not satisfied with your answer' is I don't want to get on mutual agreement because of the dis-respectful attitude from the school principal. I visited school couple of time to discuss this matter but principal refuse to talk or give the appointment. I understand that my wife has signed the terms and conditions laid by the school but it is no where mentioned that school will keep the original documents in case 1 month notice is nt provided. As per me the agreement between school and my wife becomes void because the resignation type was involuntary (because of health condition).
Also, the school is CBSE affiliated and they were harassing my my intentionally like, giving work at shift end so that she has to stretch to complete that work, calling her on holidays, making fuss of small things, dis-respectful behaviour etc.
Now, i want to pursue with some legal action on school and specially on principal. So please advise in what sections i can file a case under IPC.
please advise
Kumar Doab
(Expert) 07 August 2014
Refer to CBSE AFFILIATION BYE -LAWS
and Chapters in it;
(A). The Original Certificates can not be retained!!!!!
10. Staff and Service Conditions:::::
3. The school should have well defined conditions of service as per norms of State/U.T.
Government and should issue letters of appointment to the employees at the time of joining
service and should also sign a contract of service. The contract should be similar to the format
given in Appendix III in these Bye-laws or in the form prescribed by the State/U.T. Government,
in case the act of the State/U.T. Provides so.
8. The Management of the schools shall not retain the original degree/diplomas certificates of the
teachers and other employees of the school with them. The original certificates etc. taken for
verification shall be returned at the earliest after verification. Photostate copies may be obtained
from the employees and kept in their personal files. .
9. Check gender specific violence, strictly comply with the guidelines and norms prescribed by
the Hon’ble Supreme Court of India in the writ petition (Criminal) no. 666-70 of 1992 Vishaka
and others V /s State of Rajasthan and others delivered on 13-8-1997 for protection of women
from sexual harassment at the work place.
:
(B)
VII. Service Rules for Employees
(c)
III. Contract of Service
Guest
(Expert) 07 August 2014
Mr. Negi,
School does not have the right to withhold any educational certificate of its employee, as that is the personal property of the employee. But, when there was no condition for handing over of any certificate in original, why your wife handed over than and allowed to be kept all along with the school? Now, if the principal enies to have any such certificate/ mark sheet, what you would do?
Any action against school/ principal would be justified, if you have some written proof against them.
So, better pay the one month salary in lieu of notice period, intimate in writing to the principal, and in the same letter request for return of the mark sheet taken at the time of her appointment. If even then she declines to return, only then file a police complaint.
So far as harassment, giving work at shift end to complete or calling her on holidays for educational duties cannot be treated as harassment, unless that did not fall within her duties.
About "making fuss of small things, dis-respectful behaviour etc." if you have any solid evidence then well and good, otherwise don't be emotional, as your legal action may bounce back on you/ your wife only. They can even file a case against your wife for damages on account of defamation. Would you be able to sustain that?
Rajendra K Goyal
(Expert) 07 August 2014
Well advised, agree with the expert Dhingra ji and Kumar Doab ji.
Guest
(Expert) 08 August 2014
Rajendra ji,
Thanks for your agreement with my views.
Kumar Doab
(Expert) 08 August 2014
Mr. Rajendra K Goyal,
Thanks for endorsing my opinion.
Kumar Doab
(Expert) 08 August 2014
Mr. Negi,
Mr. P.S.Dhingra has given valuable advise. Kindly follow it.
The strategy adopted by you does work but if not handled carefully can lead to confrontation too.
1. Every employee has to be treated with respect. She can agitate citing bad conduct and transgression.
2. If employee has been made to work on holidays, double wages/substituted holidays should be given in line with such rules/enactments applicable to the establishment...........
Shops and Commercial Establishments Act of some states cover educational institutes for private gain clearly e.g. Delhi Sec;2(5)
U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962; Sec 2(4):::::…. ………is carried on for profit
She may demand accordingly and ask to include in FnF statement and it be provided to her for verification and acceptance.
The work hours are 8/day:: 48/week.
Then there are rules for work done on National Holidays………………
3. Asking for Educational Certificates when it is not permissible is one offence, not issuing the acknowledgment for it is another transgression………………
Original Certificates if retained as some collateral is another offence.
If original certificates are to be obtained for verification then establishment should issue a written communication and issue acknowledgment too,…………………………..if the originals are to be brought to mark OSV then originals should be returned on the spot.
4. There are unions/associations of Private Teachers. You can approach them.
5. Notice pay in lieu of notice period: The Teachers have not been covered as ‘Workman’ as in ID Act.
The service conditions may be governed by Service Rules and Regulations applicable to the designation of your wife.
Notice pay in lieu of notice period may be applicable.
The employer can waive it off.
You can get it waived off by persuasion in a manner you find suitable.
If the management wants the employee to serve full notice period and does not want to count medical leave in it then if rules stipulate so you may advise the employee to abide by the rules or offer to tender notice pay and ask to compute it in FnF statement and supply it for verification and acceptance.
The Service Rules and Regulations may also provide for Termination in case of prolonged absence due to sickness.
Hence you may carefully go thru all options and proceed preferably under expert advice of your lawyer.
