shilpa (PRACTICE) 10 February 2014

Can an employee sue his employer for mental harrassment

Hi:

My husband is working in one of the MNC in Hadapsar. He had been placed on the post of one of the retiring official who handled his post for around 30 years. The management took a oral promise from him for at least not leaving company for at least 2 years. He accepted that.

My husband joined the company in last year. He got confirmed after six months. He was admit in the hospital for around one month due to slip disc. The management said that as you had leaves for your sickness we cannot give you increment. My husband accepted that. But suddenly the management behaviour changed and they asked him to resign from the job. My husband was very surprised to listen to that. When he asked the reason, they are not giving any reasons as to why they need his resignation. They are just harassing him daily to give resignation. My husband asked them hundred times as to show my fault in my working, but it seems they want their person in his place.

Can we go to court and sue the employer for this reason.

Reply Follow

3 Replies

Rohan (Manager- Legal) 10 February 2014

Shilpa

Best way is to put onus on the Employer to give a Notice in writing to your Husband to separate.

Of course this is technically a Termination, but I am sure the Employer will avoid that, as it (assumingly) has no specific grounds to remove him.

In addition, let your Husband continue reporting to his office everyday without fail and ignore the demands to resign. Once he does resign, he will lose whatever hold he has in his employment.

Having said all this, let him start actively job hunting as in a situation where a Employer is not satisfied for whatever reason- its best to mutually end the association.

Also, are you sure that are no other facts which you are concealing- or which you may not be aware.

There is nore to this than meets the Eye- to be blunt.

Kumar Doab (FIN) 10 February 2014

Agreed with Mr.Mohan on both i.e. not to offer resignation on a platter, and also to firm up his next venture AS AP, and also not to conceal anything from your lawyer. Your lawyer can advice and defend you better after full facts are revealed.

It shall be good if he can record the transactions during which resignation is demanded (audio/visual).

Once it is recorded the evidence can be applied at appropriate time in appropriate forum.

Once it is recorded he has the option to represent to good offices in writing ( or not) under proper acknowledgment that on dated……………………Mr/Ms…………..designation……………demanded that he may write down his own termination of employment and supply it to Mr/Ms……………….

Demanding resignation can be termed offence and resignation extracted under coercion, intimidation, pressure, force can be termed ‘Deemed Termination’.

It is suggested that he may obtain health/medical insurance as ap. In case company forces and effects separation the health/medical/group insurance shall be terminated with immediate effect.

If there is a gap in health/medical insurance the policy that he may buy shall be treated as new policy and benefit for past sickness may not be granted for next 4 years. He can avail tax rebate on health/medical insurance under sec 80(D). He may keep the policy inforce every year and even if claim is availed no company can decline to continue health insurance till he is alive, as per new rules.

Termination due to sickness is not due to misconduct.

Anyone can fall sick.

It shall be appropriate to show standing orders applicable to the establishment (Certified/Model), appointment letter, HR policy, service rules, leave policy, leave application for sickness with medical certificate issued by the doctor, any private agreement/clause that he might have signed e.g. Non Compete, Non solicitation, Non Disclosure, Trade Secrets ……………..service agreement, BOND etc to a competent and experienced labor consultant/service lawyer…………………….and proceed under expert advice of your lawyer.

The lawyer that has analyzed the documents and inputs may opine that the employee is covered as ‘Workman’ as in ID Act, “Employee’ as in Shops and Commercial Establishments Act.

The employee shall be properly informed after consulting his lawyer and can take a well informed and qualified decision.

Another perspective is that some employers are known to insert in appointment letter, service rules that in came of prolonged sickness employment can be terminated. Although, termination during sickness may get termed as bad order.