• Mental and physical harassment at work

Hello,
Can legal action be taken against a company where the following instances have taken place:
01. Employee was physically assaulted by a client while on duty, but the company did not support the employee. No action was taken against the client, no medical assistance provided, employee had to care of his own medical expenses and none of the higher officials even spoke about the incident to the employee, hence causing lot of trauma to the employee. Infact the employees leaves were also deducted for the following days for not reporting to work while he was recuperating. 
02. Employee was abused and mentally tortured and was subjected to jokes and remarks about personal life were made to put him down in front of others regularly by the management.
Also management took no actions or did not show empathy to employee when clients used to abuse. Management was ok with subjecting the employees to verbal abuse by clients also.
03. Employee was asked to pay a certain amount by the top management to receive better performance ratings during his annual appraisal. Employee was told that his performance did not matter and if he needs better rating then he will have to pay the amount.
04. Employee was forced to avail his annual leaves from time to time without him needing or requesting for it, so when he actually required leaves for personal reasons there was not much leave balance for him to avail as they had already been deducted. This resulted in employee having to avail Advance leaves or go on leave without pay or not go on leave at all.

Kindly advise on the same please.
Thank you very much.
Asked 6 years ago in Labour

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9 Answers

if employee was assaulted on duty by client then employee should lodge FIR against client under section 504, 506 of IPC

2) he should have claimed his medical expenses from the company

3) if employee was abused and tortured then employee should submit written complaint against the tormentors

4)refuse to make any payment for better performance ratings . complain against persons who demanded money to the MD

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Hi

As you know that government authorities are very strict for the safeguard of employees nowadays after some incidents happened against the employees

1. File a criminal complaint against the client was physically assaulted the employee compensation against mental and physical trauma.

2. File the criminal complaint of defamation against the co employees who abused the employee who was physically assaulted.

3. File criminal complaint against the management for pressurizing and threatening the employee pay extra amount .

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Respected mam...

There are two things one you have to finish your diginity and agree on whatever is going on but mam consequences of this is that today they did it with you in future they will do with another girl ...

Mam just go ahead and take legal action against all them who were involved in this process and put them behind the bars it will be good for you and your diginity ...Just lodge an FIR against all such idiots..

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

If you have the evidence to prove the happening of the above instances against you, you can easily stake a legal claim against this co. and seek damages for all the loss that has been caused to you due to the above actions of the co.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Firstly, there is a obligation on company to provide medical care to the employee if get hurt at work.

Secondly, try to record all sort of activities which you have mentioned about the demand of money.

Lastly, then file a complain against the company.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Sir,

Labour courts are specially designed for handling such issues. I would like you to approach the labour court for compensation with help of an advocate. Besides this for physical harassment a police complaint can also be made against the client and employees supporting him and if police doesn't take proper action, the court of metropolitan magistrate can be approached.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. Is your Company a PSU or a Private Company? For all the allegations made by you, you are required to collect evidence.

2. Since most of the complaints made by you are criminal cases, you are required to report the matter to police after informing the same to your management and taking its permission (if it is a PSU).

3. If police or your PSU (if it is a PSU) does not take any remedial action, file a Writ Petition before the High Court against inaction of police and the PSU praying for justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

It is to be ascertained that why this particular employee has been targeted while other employees in the same organisation did not have any grievances in their work spot.

If a customer assaulted the employee in the work spot, nothing prevented the employee to report this incident to the top brass of the company if he did not get any response or support from the immediate boss.

If there was no response from the top management too, then he could have approached police with a complaint agaisnt the assaulter.

If the employee was demanded money for making his performance rating better, it is nothing but asking bribe, the employee had opportunities to expose the corrupt official to the management.

Above all, if the employee was not able to tolerate the work atmosphere, he could have taken transfer to some other place of the same company, if there are no other branch elsewhere, he can very well look for a better employment elsewhere by quitting this job.

It will not be possible to initiate any legal action for the trivial things because most of them do not have evidence, hence no case will be maintainable.

It is always better to have some cooperation and flexible situation in the working atmosphere so that such things can be avoided or ignored.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You have to fight through proper channel ie. Through your higherups in co.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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