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DV (SE)     20 March 2015

Mental harrasment at workplace

----PLEASE HELP --- URGENT ---

I am working for IT company in India - Chennai.

I joined a new project in July 2014 and since the very beginning of the period in this team, I have been facing harsh, humiliation and threatening words from my manager, most of the times for no reasons.

I had been humiliated in from of team members, on emails, on internal chat window, on phone, insulted, been made a laughter stock and threatened for bad performance ratings which in turn will ruin my carrer. AND ALL FOR NO REASON !

I had all supported documents (email conversations, chats etc)

When complained to HR regarding same, the matter was tried to be buried down under, to keep the manager on safer side, and I was released from project bringing me on suffering end. No apologies letter were received. No action has been taken as per the company policy. (this was a clear case of policy breach)

Manager escaped happily and safely. (Manager is female FYI)

Now as I had been threatened earlier, the manager almost took a revenge of me taking this matter to HR by giving me poor rating, due to which now my career has been on stake.

Since the time all this started I have been in depression and BP has gone down along with other health issue.

I have the proofs that I worked with dedication despite of adverse work environment.

I have proofs which proves the behaviour of manager towards me over all these months. Yet I am helpless.

HR did not help as per company policy.

What should I do ?

Is there any law which can get me my rights ?



Learning

 10 Replies

Jai Karan Nagwan (consultant)     20 March 2015

Very politely write every set of your achievement to your boss, may be by mail. Lastly share your willingness to undertake more projects. Otherwise this can be good ground of non performance.

DV (SE)     20 March 2015

This has been done already long back but with no results. Manager is behaving like an inhumane..while HR already helped her to escape easily. I did not get my rights. How can I get my rights ? Is there any law for this mental harassment at work?

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 March 2015

Dear Client,

Under the Labour laws employees interests are protected and well secured .It is advised to get compensatory suit filed in the labour court for the wrongful harassment and humiliation to you at your workplace by the seniors. Natural Justice and Administrative laws can be viewed for the justice to you. Many times it happens that only merely your look is not liked by any one because of the complex of any kind and the senior starts treating junior in a different way.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute matters.
Off:
204-B, Nanda Devi Apartments
Plot-19, Sec-10;
Dwarka,
New Delhi -75
Ph:  09582144748

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 March 2015

Jai Karan Nagwan (consultant)     20 March 2015

I do not endorse that one can go to labour court for the suits of civil nature and when we talk about compensatory suit is of civil nature. Labour court can take up matters stated under schedule 2 of Section 7 ID act only.

Kumar Doab (FIN)     20 March 2015

 

Why did you look at HR personnel with such awe and admiration?

They are not your employer. They are just another employee in the establishment and have to earn their salary by subscribing to employer’s internal written/unwritten policies for them.

If majority of the publications are to be believed, majority of HR personnel shall do nothing in such matters for the complainant.

The actions that you expect from them shall put the management to risk and expose the company to some penultimate action.

That is precisely the reason the employees should form unions, become member of the employee’s unions, and affiliate with Trade Unions e.g. CITU/INTUC/AITUC/BMS etc…………..and also become members of their communities and also retain access to able labor Law consultant/Service matters lawyer/Law firm……………

The united employee’s can form ‘Works Committee’ that is an authority as per ID Act and has equal number of members from employee’s side and President is from employee’s side, and many states have made it mandatory to have ‘Grievance Redressal Committee’ that has equal number of members from employee’s side……………

Your counsel may opine that The actions of Manager and HR personnel can be termed falsification of record, suppression of facts, coercion, intimidation etc…………………in connivance……………

Internal option are to escalate to goof offices of appointing authority, MD, Chairman……………..and mention the unfair conduct of HR…………..

Let you be guided by your counsel and good offices also do not provide justice and relief you can approach lawful authority and court of law…………………..

 

After All state and court is ‘Parens Patriae’……….Parent to the nation…………

Your counsel may advise based on docs on record and inputs that you can approach:

Inspector Appointed under Shops and Establishments Act of the state

O/o Labor Commissioner

And even police/criminal complaint can be lodged for defamation/discriminatory retaliation etc……………

 

The lawyer that has examined all inputs/record can advise you the best.

Approach your lawyer.

 

At the same time firm up your next venture and keep options ready in hand.

Kumar Doab (FIN)     20 March 2015

This query is also posted at:

https://www.lawyersclubindia.com/experts/Mental-harassment-at-workplace-please-help-529226.asp

Valuable advise and inputs of experts may kindly be posted to help the querist.


(Guest)

I feel write a letter to your boss as well as your  higher management and get it solved through proper channel first. If it does not work go for legal remedy.

 

T. Kalaiselvan, Advocate (Advocate)     21 March 2015

If the situation is as grave as what has been narrated by you, it is always better to look for a new company instead of keep brooding over the issues which will not fetch you any solution.  Without going deep into what has happened with you, shall suggest you that you should have not let the situation go out of control to this extent that the management level people join hands to avenge you or victimise you for not responding to their desires.  You could have brought this to the notice of the top brass of the company, however, you may take the help of a legal consultant to decide about further action on the subject and proceed accordingly.

Kumar Doab (FIN)     21 March 2015

 It is one of the possibilities that the current bosses/employer/HR may issue negative feedback against you during BGV………………..

 

You may consult your counsel and union leaders and if you are convinced you may submit representation to good offices of MD,Chairman and build favorable record for use at appropriate time in appropriate forum.


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