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Niharika Kaur (HR)     08 April 2016

Sexual dicrimination at work place

Hi All..

I am a working mother with a 5YO and I m being target at wokplace for being a lady..I get to hear taunts like ," In future we do not wnt to hire ladies with 5 yearold kids who want to go home on time" and also the salary I am being paid is much lower than my male counterparts

Now, in order to force me to leave, the organisation has started making a mail case against me and infact the latest issue involves blaming me for using wrong data ina  report (The data was indeed wrong, but was shared with me by the highest authority in my business function)

I am getting temted to resign and get over this humiliation , but at the same time need to understand if I have a legal redressal for this.

I have been with the organisation for less thn 3 months..

Plleaase help..



Learning

 5 Replies

Kumar Doab (FIN)     08 April 2016

Record the taunts/threats/data shared by seniors etc (audio/visual/witnessed/minuted). The irrefutable evidence alone can rescue you. 

Seek help from employee's/trade unions, Labor Law Consultant, elders in the family.

There should be equal work for equal pay.

Clear the blame/charge before you decide to seprate. 

 

There are interanl committees in company on s*xual harassment and then Distt. committee.

However understand the details before you proceed on your own.

 

 

 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     08 April 2016

MADAM,

KINDLY NOTE THAT.

1. YOU HAVE MENTIONED THAT YOU ARE WORKING IN SAID ORGANISATION FOR PAST THREE MONTHS.IT SEEMS YOU ARE NOT YET CONFIRMED IN YOUR JOB.

2. YOU MAY KINDLY NOTE THAT FROM YOUR JOB APPOINTMENT LETTER YOU WILL GET THE NAME OF APPOINTING AUTHORITY. YOU MAY SEND A WRITTEN COMPLAINT TO THE SAID AUTHORITY MENTIONING ALL FACTS AND MENTIONING THE NAMES OF PERSONS HARASSING YOU. ACTION SHOULD BE TAKEN.

3. KINDLY NOTE THAT THERE IS A JUDGEMENT IN CASE OF VISHAKHA CASE AND THE COURT HAS ISSUED DIRECTIONS IN SAME  REGARDING TACKLING HARASSMENT AT WORK PLACE.

4. ALL GOVT DEPTS AND GOOD REPUTED COMPANIES ,, SUCH TYPE OF HARASSMENT IS TACKLED BY PROPER DEPTS. BUT IT IS A FACT THAT IN PRIVATE COMPANIES AND PROPRITORSHIPS THEY ARE NOT FOLLOWING ANY LEGAL PROCEDURE .

5. YOU MAY SEND DETAILS OF YOUR JOB APPOINTMENT LETTER AND BRIEF FACTS OF THE COMPANY AND POST HELD BY YOU. A DETAILED REPLY CAN BE GIVEN.

 

GOOD LUCK.

N.B.SAWANT.,M.COM.LL.B., ADVOCATE HIGH COURT.

Kumar Doab (FIN)     08 April 2016

Mr. Sawant has very kindly offerred to help. You may avail the opportunity.

First thing first: Record the irrefutable evidence.

Once you have the evidence you can succeed.

Understand everything before you proceed on your own.

 

Kumar Doab (FIN)     08 April 2016

It is tue and is one of the possibility that once you complain you may be vindicated.

The allegation of wrong data may be an initiation.

 

It does happen sometimes, even if rarely, that the good offices of appointing authority,MD etc do act to put the things in order.

Here you have to apply your own judgment.

 

Another possibility is that even if you resign there might be a adverse comment in BGV/reference check.

 

Therefore tread carefully.

 

It shall be appropriate to generate the evidence to come clean in any inquiry by current employer of future employer, if such situation crops up.

 

Or apply your own skills to resolve the matter and defend your interest.

If employer is not compatible employee can always look for another employment.

 

It is felt that you have faced issues with previous employer and have initiated thread.

 

Interact with seasoned elders, employee's/trade union leaders, labor Law consultant and become properly innformed. It does not mean that you will be initiating a litigation.

A properly informed employee can be more adaptive to situations and can defend his/her interest better.

 

Handling the bosses and employer, and situation  is a skill than can be gained like any other skill. 

 

 

Sudhir Kumar, Advocate (Advocate)     10 April 2016

facts gioven by her do not indicate if Vishakha judgement is attracted.

 

The company apparently just wants her to leave.  There is no indication o f s*xual haraassement.


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