Legall action against my employer
purnima
(Querist) 26 July 2013
This query is : Resolved
hello sir , my self purnima working in a event management company from last october. my boss didn't present me any offer letter or appointment letter at the time of appointment. In the mean while of my working there they start harassing and discriminating me with that of the other. they even not given me any designation in the company though i talked to them manier times to do sometihng in this behalf but they treat me badly, abuses and ignore it. i am so much into depression from past 4 days that i dont want to go at the same work place as i informed them abt my inconvience of not attending the office till coming sunday...but they serve a legall notice specifying me as a robber with there laptop, data card and funds ..as they alloted me the laptop and data card officialy and no such funds are there with me of there account.. the hr and the employer threatening me again and again by taking the name of my family and rite now i am out of delhi. please help me out with i am in urgent need? please help me what should be correct legally??
Devajyoti Barman
(Expert) 26 July 2013
Go to local PS and lodge a complaint about workplace harassment.
You can file a civil suit for declaring the said notice as null and void.
Rajendra K Goyal
(Expert) 27 July 2013
Harassment is in the form of – verbal, physical, visual or mental harassment.
Female workers are safeguarded against Sexual harassment at the work place. Lodge complain about it.
You may reply the notice denying all the charges.
prabhakar singh
(Expert) 27 July 2013
You are adequately guided by experts.
Nadeem Qureshi
(Expert) 27 July 2013
send a reply of this illegal notice through a lawyer and file a complaint against your employer if your employer harassed you mentally and physically
malipeddi jaggarao
(Expert) 28 July 2013
Reply to their notice, surrender the laptop and other things of the employer against their acknowledgement. Resign from the present job and find out another suitable job. If you feel you were sexually harassed you can file a police complaint. Otherwise forget the episode and start a new career. In private employment if there is no proper understanding between the employee and employer, you can not live peacefully hence better the leave the job.
Raj Kumar Makkad
(Expert) 28 July 2013
Contact a local lawyer and send the reply against the legal notice and then file a police complaint against such employer.
Kumar Doab
(Expert) 29 July 2013
Learned experts have given valuable advice. Kindly follow it.
Let your lawyer drill some sense into the heads and issue a notice.
You have posted that:
“rite now i am out of delhi. “
It is believed that location in employment is at Delhi.
“my self purnima working in a event management company from last october.”
“i informed them abt my inconvience of not attending the office till coming sunday.’
Thus you have informed. If you have sent the leave application by post retain a copy.
You may submit leave application format as per format made available to you upon joining.
Keep the details and bill of email/phone cal vide which you had informed.
“as they alloted me the laptop and data card officialy and no such funds are there with me of there account.”
If the company want the items issued to you to be returned it can serve a gentle communication and you may submit a reply that on dated………………you can return and company should issue proper acknowledgment under sea and signatures by hand of the competent official.
“the hr and the employer threatening me again and again by taking the name of my family”
Record these threats and lodge police complaint.
The company might have registered under The Delhi Shops and Establishments Act, 1954 and you may go thru it.
22. Leave.
30. Notice of Dismissal.—
34. Employer to furnish letters of appointment to employees.:……………………
(7) Designation or nature of work for which employed;
Failure to issue appointment letters under section 34 of the Act to the employee
amounts to ‘unfair labour practice’ resorted to deprive them of the benefits which accrue
to them due to the length of their service;
37. Powers and duties of the Inspector.—
40. PENALTIES.
41. WILFULLY MAKING FALSE ENTRIES
purnima
(Querist) 02 August 2013
thank u so much sir for the overwhelmed responses from such a good experts. need to ask u one more thing sir, wen i came back to Delhi my boss gave me another legal notice on the same allegations though i deposited it in the official timings to him but forget to take anything in written. he clicked with this and take disadvantage out of that and send me another legal notice as i mentioned above. i really not getting how to fight back against it as he do not stop making such threats. some of the points which i really want you to consider for legall action against my emlopyer are as follows :-
1. he didnt assign me any designation nor any appointment letter or offer letter at the time of appoinment.
2. he do verbal abuse as nobody defend back nor anybody (staff) going to help me for this reason.
3. he is threatening me by sending illegal notices as i mention earlier.
4. he said to deal with him regarding a project if i do that project he will not do any such case or something to threat me further.
5. he didnt even meet any of my convenyence arises out of the employment.
6. even he said that no staff member will take ur side that you have submitted the data card and laptop .
7. but i hav call details on which i took the leave verbally though from last 4 days the data card is working from the same ip address from his home for which he is denying that i didnt received the laptop and data card
8. i took the leave due to my personal problem nd out of delhi for family reason.
9. i didnt take any written statment from my company ragarding receving of the laptop and data card.
i need to knw what allegations i can state to him in a mail reply to his illegal allegations with sepecific act and sections. please direct sir
