No law against mental harassment at work?
refugee heart
(Querist) 08 August 2014
This query is : Resolved
In India there is no law against mental harassment? Can anyone help me? I know there are people who are playing dirty politics in the office and they are trying to trap me, is there anyone who can guide me how should I go about it?
I have done nothing wrong, the only mistake i did is I did not complaint to the authorities at the right time. Now things are falling against me, is there anyone who can guide me?
Laxmi Kant Joshi
(Expert) 08 August 2014
if you thing they are trying to harm you by doing conspiracy against you , you can make a complaint in writing with their name and designation to your senior officer and ask relief from them or if you want legal action then file a written police complaint u/s 120B for criminal conspiracy against you by your sub -ordinates (name and resignation of the offenders) .
malipeddi jaggarao
(Expert) 09 August 2014
We are not here to suggest legal remedies unless a queryist is suffered by a specific action. All Departments are manned by human-beings and there will be dirty politics whever human-beings are there. You should be tactful in dealing such things instead rushing a advice or legal remedy.
Rajendra K Goyal
(Expert) 09 August 2014
In every office there exists dirty politics. be diplomatic, with polished manners and self centered.
No advise in absence of exact nature and reason of such politics.
V R SHROFF
(Expert) 09 August 2014
REPORT IN WRITING DETAILS OF YOUR HARASSMENT TO YOUR SENIOR. Let in be on Record, before they trap you..
refugee heart
(Querist) 09 August 2014
Sorry, I had posteed the main query as a different question earlier, now let me calrify this .....
Hello Sir,
I am getting mentally harrassed at work place. I am working at an MNC in Bangalore.
Due to the harrassment which I was facing from last 5-6 months I have submitted my resignation on 1st Aug 2014.
On 5th Aug 2014 my manager has raised a termination letter.
When I asked him on this he aplogised and said that it was a mistake while selecting the tool.
Now, today I receieved an email from my manager saying that I am "sharing false personal things about your colleagues to few people in the team", which is absolutely false allegation.
He is also saying that he will terminate me if I continue this.
For which I replied him as follows:
As per my understanding I have not done anything of that sort. I do not know from where all these allegations come from.
In fact since the time I have resigned, my concentration is on completing my current assignments and things like that.
So that I can just finish of things and leave. In fact after we spoke last time i.e. on 1st Aug 2014, I had spoken to only couple of them from the office in the past 3 (Mon, Tue, and Wed)days.
And Thursday and Friday I am doing work from home, so anyway I do not have a chance to talk to people.
And, on those 3 days I was sitting alone mostly or I was sitting in the old building without talking to anyone.
I have not spoken to anyone even about my resignation whereas people were coming and asking me about it and I was wondering how they came to know.
I assure you that I have not done anything of that sort and I will not be doing. I apologies for any inconvenience caused because of me.""
Now it shows that they are trying to terminate me by playing office politics.
I would like to know how should I proceed further? this is a mental torture. It is harassment at work place.
Now though I resigned, I still need to serve 3 months notice period there and these people are trying to terminate me. Now I do not want to take any termination as I haven't done anything wrong.
How can I go legally about this?
Kindly help.
Thanks and Regards
Devajyoti Barman
(Expert) 09 August 2014
Sorry, you have no case.
if you have any problem then switch to another job.
P. Venu
(Expert) 10 August 2014
Law provides only a road map. Every individual is responsible for his or her life. Face the life boldly and with self-confidence.
prabhakar singh
(Expert) 10 August 2014
IF YOU HAVE GOT YOUR RESIGNATION LETTER RECEIVED WITH PROOF AND SERVING NOTICE PERIOD,OBVIOUSLY MANAGER'S SUBSEQUENT PLAN
TO TERMINATE YOU WOULD STAND PROVED BIASED
AND UNWARRANTED.
JUST TAKE CARE OF 'NO HEATED TALKS' WITH HIM AND COMMUNICATE ONLY TO REPLY HIM THAT TOO POLITELY.
SOME TIME IT HAPPENS IN EVERY LIFE.
EVEN IF WE HAVE LAW, TO PROVE A COMPLAINT OF YOUR KIND WOULD NEVER BE EASY.
Dr J C Vashista
(Expert) 10 August 2014
Too long a query by an anonymous author with frivolous story
refugee heart
(Querist) 10 August 2014
@Dr J C Vashista, I would like to keep my name anonymous, because I don't like to be public. Thats the main reason today I am suffering th is mental torture. And its not a frivolous story, this is something what I am going through over past 6 months, on a day to day basis.
@mr.prabhakar singh , thank you for showing some light into this. I have the resignation letter received with proof and notice period is the rule by the company again which is mentioned in the offer letter, which I am supposed to serve.
After sending my resignation ,By choosing the type of exit in the tool "to terminate " instead of "normal exit", and then sending the warning to terminate shows that their intention is to terminate me, based on some false allegations. And another thing is that the so called manager he is telling he has received complaints against me, but he is not telling who has given the complaint. And I know that I have not done anything wrong. So i know there is no point in talking to the senior management or the HR department because I am sure they will support this manager and the people who are playing politics here. And most importantly I do not know whom should I contact for these issues in my office, I do not think there is anybody exist like an ombudsman.
refugee heart
(Querist) 10 August 2014
If they are actually terminating me before I complete my notice period, I want to take the help of Law as I have not done anything wrong. I want to fight for Justice.
prabhakar singh
(Expert) 10 August 2014
Dear!
I do not call you anonymous as you have already used a pseudo name and that is sufficient.
We do not want our querist identity but rather want his account here identified which is not possible in cases who open account here as anonymous.
You have already drafted the resignation letter and have handed over the same so there is no scope left to guide you in that area.
It is also not clear what is your job and if you are protected by labor laws,if not,then for remedies you will have to approach to civil court.
Long before in past Supreme Court dealt with only one aspect of harassment at job,called sexual harassment and expected Parliament to legislate but rulers have been wrestling to save chair so we do not yet have any law legislated except one on sexual harassment of women in 2013.
workplace harassment consists of repeated and persistent behaviors towards an individual to torment, undermine, frustrate or provoke a reaction from that person. It is a behavior that with persistence, pressures, frightens, intimidates or incapacitates another person. Each behavior viewed individually may seem inoffensive, however, it is the synergy and repetitive characteristic of the behaviors that produce harmful effects.
Nonetheless, one single incident can constitute harassment when it is demonstrated that it is severe and has an important and lasting impact on the complainant.
Our constitution protects us from being harassed or discriminated,jurisdiction human rights can also be invoked besides those of courts. Resort to Industrial Employment Standing Orders Act, 1946 (IESOA),pwd act,may also come to help depending on kind of discrimination and protection guaranteed till an exhaustive legislation does not see the light of the day.
On an international front, the UN AntiDiscrimination Committee has time and again reminded India to draw up a comprehensive code to tackle workplace
related discrimination. Every effort to combat discrimination must be taken up by India as this form of social exclusion can aggravate other societal and economic problems.
HOPE THIS NEW GOVT SHALL ADDRESS THIS HUMAN NEED.
prabhakar singh
(Expert) 10 August 2014
Furthermore Remember that a Resignation is Not a Release. It’s important to bear in mind that resigning from your job entails only one thing: ending the relation; resigning has no direct effect on moneys owed you, or other claims you may have against your employer. By resigning from your job you are not releasing your employer from any obligations your employer may still have to you, of any kind, whether they are regarding pension calculations, raises promised but denied, illegal harassment or discrimination, or regarding retaliation against you for “whistle-blowing.”
malipeddi jaggarao
(Expert) 11 August 2014
Agreed with elaborate counselling by Expert Shri Prabhakar Singh.
You have subhmitted resignation which is acknowledged and you are under notice period.
No verbal exchange. Maintain calmness. Complete your notice period and say good-bye. No communication with your manager unless something is sought in writing. Ignore your colleagues also. Anyway you are leaving, why do you bother so much? They cannot simply terminate you without giving an opportunity to you and obtain your written version. If they do, you can think of at that time. Live peacefully and plan for future. Correct yourself if you believe your behaviour lead you to this stage. Have introspection. All the best. You can stop this thread as no legal remedy either available or needed at this stage.
refugee heart
(Querist) 11 August 2014
@Mr.Prabhakar Singh, thank you so much sir.
I am a lady project manager, working with a Swedish company based out of Delhi in India.
There is no sexual harassment involved in this, it is truly mental harassment starting from Jan 2014 to till date.
Here my main worry is now,
Even after I have put my resignation, my manager had sent me an official warning threatening that he will terminate me. And even in the Exit web application tool they have applied saying this is a termination case, which I am already fighting to get rectified. So in the next 2 and a half months they will see all the possibilities to terminate me. I am worried about that. If that happens how the law can help me? I have to file a police complaint?
refugee heart
(Querist) 11 August 2014
@malipeddi jaggarao thank you Sir.
T. Kalaiselvan, Advocate
(Expert) 12 August 2014
The best advises and options have been suggested by experts and it will be very useful tips to you to handle the issue/problem efficiently and effectively, you may follow them.
