Workplace harrassment
M Sanjiv Kumar
(Querist) 30 November 2014
This query is : Resolved
Respected Sir/Madam,
I work in a private power
generation company as senior executive, my boss always threatens me of expelling and sacking me for reasons beyond comprehension. Few days back when i fell ill, i messaged him that because of ill health will not be able to come to office. To this he replied back send your resignation or i'll ask HR Dept to expel you. I'm having all messages sent by him with me. He and one of his colleague always prepare such Shift schedule so that maximum strain i get. I am thinking of resigning as stress has become unbearable to me, but i want them to teach a lesion so that they never do this to anyone else. Please advice.
P. Venu
(Expert) 01 December 2014
In life, esp. in the young age it would be worthwhile to learn to take things in the stride than to be desperate in teaching others what we perceive to be lessons.
Rajendra K Goyal
(Expert) 01 December 2014
Better switch off the job. Private concerns are not so good in work environment. You may not get desired results in filing any case against your boss, you would equally be harassed mentally and money wise.
ajay sethi
(Expert) 01 December 2014
in private organisations you have to work hard for long hours . better resign and part on amicable note . no need to teach your boss a lesson
R.K Nanda
(Expert) 01 December 2014
agree with experts.
Priyanshu Gupta
(Expert) 01 December 2014
Though it may not be acceptable to you but this can not be treated as harassment at work place leading to any legal action..
Devajyoti Barman
(Expert) 01 December 2014
I would also recommend you to search for new job.
M Sanjiv Kumar
(Querist) 02 December 2014
Dear sirs,
Thanks for your replies. It's really sad that there's no protective laws in India for this type of malfunctioning. It's really astonishing that everything remains the same, that is, same type of work, employees, country and all other things of both sides, that is Government & Private sector, but no laws to put an end to such abhorable things in private sector. As Mr Priyanshu gupta said that this cannot be treated as workplace harassment then i wonder what is workplace harassment, if continuously threatening some body and unlawfully pressurizing and impeding him/her to perform his/her work don't constitute workplace harassment.
Guest
(Expert) 02 December 2014
Hi solanaceae,
The case history may be true, but if you are a chemist as per your profile, the problem does not seem to be yours. Can you clarify what exactly is the problem and with whome and how you are related with the problem, as I don't think any power generation company has the jobs for chemists?
About your comments, "there's no protective laws in India for this type of malfunctioning. It's really astonishing that everything remains the same, that is, same type of work, employees, country and all other things of both sides, that is Government & Private sector, but no laws to put an end to such abhorable things in private sector," I can say that whenever such a law, as desired by you, is enacted the courts will be flooded with millions or billions of harassment cases to be decided, as every employee would prefer to file a case of harassment against his superior, even if he is scolded or penalised for shirking from work, late attendance, irregularities committed in his work, damage done, loss caused to the organization, vandalism, criminal activities, etc. The courts will be enormously over-budened and compelled to see only such type of innumerable cases, as against several other genuine criminal and civil cases.
Law deals with every offence provided you have enough solid evidence, not merely stating that you are being harassed. For better appreciation, you may better take help by reading student guides on law to make you aware of which laws can suit you in which circumstance.
Even in your case, if you have the SMS of your boss to resign, he does not have any authority to compel you to resign. You can ask him for confirmation of his decision to seek resignation and for which type of iregularity on your part and whether the company expects a sick employee work even during his illness and barred from any leave and rest.
Even for termination there must be some reason of serious irregularity, absenteeism, inefficiency, etc.
So, until you have sufficient evidence against the employer you cannot drag him in a court of law.
Biswanath Roy
(Expert) 02 December 2014
Alleged threat of your boss sufficiently infringed and encroached upon your fundamental and legal right and a case of denial of natural justice that attracts remedy under Article 226 of the Constitution of India.
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
expert Mr. Dhingra's observations are appreciable. The author may introspect himself as what and when went wrong and on which side. there are solutions for everything including the decisions taken in haste or the words spoken without thinking about the consequences of such hate speech. Do not lose faith on such sundry issues, you have lot of challenges to face in the future which will harden and refine you, so patience and wise thinking will be the need of the hour.
M Sanjiv Kumar
(Querist) 11 December 2014
Dear Sirs,
Thanks for your valuable suggestions, and please do mention some good books on this matter, especially those related to service laws and workplace harassment for gaining some knowledge on this topic. How to collect evidence on this matter. And how to protest when senior/boss intentionally tries to create problems for you.
Kumar Doab
(Expert) 03 July 2016
Although it is a very old thread.
Did you act?
You seem to be perturbed again at:
http://www.lawyersclubindia.com/forum/Duress-used-by-private-concerns-139262.asp
