• Harassment by manager

Dear All, I am working in a private company for last 3 years. My current reporting manager seems to not like me. I come from a different background and when I wanted a transfer I was made a part of his team. There are many cases which I can point. 
1- He deliberately asks me to stay after office hours , even if there is no work. Since he stay's alone he always asks me to stay back. I had to make some excuses each time to go. 
2- He gives me such a tasks which are not my area and then he does follow ups. Asking me the status each day. If I say that I am not able to do this, he says that you need to work on yourself. Do this and that. Still the work stay with me.
3- Often he yells and kicks or punch the table making angry faces if I tell him that I can't do this work or there's some error that I did. Since I have no interest in doing. He always find some error or another and in open office. infront of anyone he starts to say bad things to me. 
4- Since the time I joined here, there is no promotion and even the increment is not there. I have made many request to change the team but nothing happens. As the HR is also his god buddy he does nothing. 
5- He asks me to things which are of other then my job role. Sometimes I am going to pick someone, or to go and give a letter to someone, or to talk and go to some vendor. Purchase something if it was needed by him. 
6- Many times he has said that because of him I am doing this job as I am not competent for this post. Once we had a argument and he told me to resign , many times he said that I am expired. Not good for anything. And he uses abusive words. When I object he says that It's common words in Delhi. 
7- He gets too involve in my personal life. If i am sitting in office and my wife calls he starts to make fun of the talks we are having in-front of other person. When my wife was having health problem he even suggested to leave her. 
8- I borrowed some money from him which I have nor repaid and I think he use that as a point against me.


Please guide me as what are the legal remedy I can take against him.
Asked 7 years ago in Labour

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10 Answers

1) repay the loan taken by you from your manager

2) do not file any legal case against your manager

3) you can make representation to manager superiors if you want a transfer

4)if your application is rejected resign from the job

5) take experience and relieving letter

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear,

Don,t worry it's a problem of every second private employee. So don't take a tension and meet the H.R.

manager.

First of all search new job for you and apply there.

Manage money and repay his loan.

Give a 1 month notice to the H.R. manager.

Resign from job.

No legal process is required.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

since your superiors are refusing to transfer you and you continue to face harassment best option is to resign from the organisation

2) take your experience and relieving letter

3) filing police complaint against your manager would be counter productive

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In this case there is no legal remedies in labour court but you can file NC against him for the abusive words. You can also send email to the higher authorities in your company.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hello,

You may mould the facts to an extent and file an FIR gainst the concerned person.

If the police refuses to register an FIR then register a complaint before the magistrate under section 156(3).

Obviously you have a right and you may exercise the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Unfortunately the labour sector in private industry is not so regulated for white collar employees.

2. So if your job was not managerial or decision making in nature then lodge complaint with the labour commissioner alleging industrial dispute.

3. The remedy through the labour court is most expeditious and efficacious.

4. Otherwise the civil suit for civil remedy of damages is time consuming and not so cost effective.

So do lodge complaint with the Labour Commissioner and check how the things turns out. Do not quit the job till you get justice.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hello sir, you are a adult and can revert to such harrasments .. There is no need to suffer and you can take your stand as a man .. However , if he threatens or commits any action which is illegal you can take the help of law .. For further help and assistance , my office is in Gurgaon, you can contact me in person

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

The provisions regarding sexual harassment are not applicable in your case.  you can file a civil suit for Special damages because according to work contract your boss cannot harass you. This kind of act of your boss has breached the work contract and he is liable for compensation. According to labour laws mental harassment of employee or worker is prohibited. You can also prefer a petition before the labour Court of your district for compensation and appropriate order against your boss.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

These are some trivial issues which are very common in almost all the door steps of offices everywhere.

You cannot keep grumbling about this nor keep complaining about this.

However nothing prevents you from approaching the top management since the HR is also not supporting you.

There is no legal solution to this because as per our description he is not considered to have done anything illegally.

If you consider he to have insulted you in the presence of your colleagues, you may file a defamation suit seeking action for his defamatory or derogatory attitude.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Until he has committed any illegal act against you in the office no legal action can be taken against him.

You may wait for him to commit a blunder or major mistake against you so that you can take the assistance of your top management and also lodge a criminal complaint against him.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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