Bishnu sarma 18 May 2016

Mental harassment

Dear Sir's,

I am working for the world largest tea producing company in India under Finance Department, but my immediate boss whom i use to report is not behaving properly to me and even to my colleagues. He shouts at us very badly and also insults us infornt of all the staff members and executives. Also when we ask for any guidance or help he use to refuse to give a proper reply and says that why this matter is brought to his notice. He don't have time to answer and always curse us that we have sent 5 years in this company and learned nothing. Nor he had given any training till date to us related to work. Everything we have learned of our own. Every one in the company knows about his behavior is rude but still the company is not taking any decision against him as he is the finance head with vast experience and there is no one at the garden level to replace him . He had retired also but still the company is keeping him on extension.and we all working under him are still young. He shouts on phone very badly and also says abuse words. He always says us that you guys don't know anything. Questions us on our educational background that the marks secured during our study period are all false.All those mark sheets are fake. He always keep us tensed and force us to work beyond working time schedule. During last year because he pressurized a lot, i went into depression which caused me sleep disturbance and lots of other problem. I consulted with three physicist and was suffering for more than 6 months to recover from depression. Everything related to Job was been discussed with the doctors in details. Such a situation also arised here i tooked a step to finish up my life, but it was my fiancee who took me back to track.I was so sacred that i will be sacked from my job and thinking always that now the phone will ring and my boss will shout on me. I was going to get married but that also get delayed as i was suffering a lot from depression and Doctors even conveyed me that this is not just the end of the world. But one thing is that i am so much concise about my name and keeping that in mind i felt very sorry for myself that i will be sacked and people will laugh at me . I was very good at studies and from Matric onwards i use to score 1st class though out my tenure of study. So, i would like to seek an advice whether i can file a case against him for mental harassment which caused me a great loss and his rude behavior towards us. Would be also grateful if guidance can be sjown how to file and where to approach against such things. I will be waiting for your valuable suggestions.

Thanks & Reagrds,

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5 Replies

Ritesh Maity (Labour Law Advocate) 18 May 2016

Only if you can prove such misbehaviour then only your case will stand a chance. Will your psyciatrist give you a report stating that you have suffered depression due to mental torture at office? Even if he agrees to give, it will be very difficult to prove anything unless and until it is documented. If you have anything on email etc. might help.

There is no legal remedy at this juncture. You can always file a case but before filing it you should build up the foundation.

If possible, look for a different job. Your life is more important than your job.

H.JanakiManohar Rao (lawyer) 18 May 2016

I think this is question of generation gap.Most of the youth takes everything very easy and take it lightely .So I advise u to learn d work from him unmindful of time.U tell him u r ready to learn d work from him and guide him properly.There is a saying in telugu which means who -ever tells u by scolding and rebuking they r ur well wishers.They want u learn everything from him.So change ur attitude.If he is not that great ur company could have terminated him by this time.If u know everything the entire company revolves around u.Otherwise u have to revolve around the company.Legally court will not interfere in day to day administration of d company unless any legal promblem is there between u and company.

kameswarao S (Head HR) 18 May 2016

As rightly mentioned by our experts the Management may also have their own way of obtaining information and they may be getting information on your boss if he is really negative and the management may not be foolish to loose more number of employees in retaining one retired employee.

I suggest not tokeep your career on bet by proceeding legally because the battle is going to take years & once your boss and the management knows that you are proceeding legally your life is going to be worst hence if you are confident that you are capable of getting an alterntive job better to switch over, get married and enjoy you peaceful life instead of spoiling your future. All your colleagues who are complaining to you may not come forward & support you related to the complaint to the senior management and even your legal battle. For a better experience related to the support from your colleagues, prepare a complaint related to escalation to the managment or the legal fight and ask them to sign and positively they may not hence better to look for alternatives and live happily.

Kumar Doab (FIN) 18 May 2016

Record everything; (audio/visual/witnessed/minuted) and send a copy/leave a copy with your family.

Try and find out your dept/div/office ( Finance) is registered/covered by which Act; say Shops & Estbs Act. (For the time being, Forget about the establishment and focus on your dept/div/office ( Finance))

An able counsel specializing in labor-service matters may ask you a set of structured questions and may opine that as per job practices/job profile/designation/KRA's etc you might be covered by the def. of 'Employee' as in Shops & Estbs Act, as ' Workman' as in ID Act.

There is provision for 'Works Committee' in ID Act and 'Works Committee' is an authority.

There is provision for Greivance Redressal Machinery in enactments and each company in many states is under obligation to have it.

As per you large number of employee's are facing life threatening, hazardeous, situatins and health and morale is affected.

And that this Boss is issuing derogatory,defamatory, untruthful statements.

Form Employee's/Executives Associations and affilliate with Trade Unions.

Escalate to good offices of appointing authority, MD, Director from workers side and a copy to Chief Inspector, Labor commissioner. The Inspector can file his/her report on your plight that you can obtain thru RTI......

If you are united you can resolve without any adverse effect on you.

Remain amiable,gentle.

Submit everything under proper acknowledgment.

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