• My wife was harassed by startup employer and finally asked to leave on the grounds of non performing

We shifted from Hyderabad to Pune 2 months back as my wife got job in a startup in Pune. She was hired as a data scientist for her PhD. Company wanted her to join them to use her PhD tag in front of the customers. She made it clear on initial discussions that she cannot do coding and company was cool about it. They told that they wanted her to join as a lead and no coding is required. My job involves lot of international travel so she has to manage her job and our 3 years old baby on her own.

Issue started after joining them. She was asked to start working as a coder which she told will take her some time to start coding. She was learning coding and was doing reasonably good. She was given a help to learn her with coding who used to humiliate her in front of all employees and pass loose comments. He was expecting her to work late night where all other employees are male employees. Our daughter was to be picked from nursery and will go to mom’s office sit in a corner watching iPad and mom will work. Her senior colleague will take all her work and present as his work in front of management. She complained this to management and they just gave her a deaf ear. She was in lot of mental trauma by the behaviour of her colleagues but she still continued thinking this as part of startup culture. She was continually harassed everyday and her life became hell. One fine day she forced to resign from company and was asked to leave without notice period. 

The issue here are multiple:

1. No respect in workplace and continuity harassment by passing degrogratory comments.

2.no safety of women employee working late night

3. Mental stress leading to depression

4. Undue grounds to make her feel aliniated in workplace and forcing her to resign

5. No notice period and payout for notice period

6. Late night meeting with drinks and poker in office makes me feel unsafe

7. No one to listen your concern even if you take it to senior management 

Now I am out of company and started treatment of depression and spending time with my little daughter. I really want to take action legally against these guys and needs help.
Asked 1 year ago in Labour from Pune, Maharashtra

Did you complaint about these matters before the higher authorities in the office?

Did they took any step? If tgere was no such complaint before or no one took serious action against the complaint which was made before, then you can either file a FIR at your nearest police station or approach a NGO which deals with women’s issues or employment/workpkace issues, or even you can approach to the National commission for women to seek help.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Send the company a legal notice to pay salary of your notice period and damages for the mental harrasment and torture you gone.through during the period of work and was removed form it intentionally to add further to it.

So if they donot give any reply to notice for salary and notice period a complaint with labour commissioner can be filed and matter can be put up before labour court

Further for mental harrasment you can file a suit for damages if there was any defamation included than that can be included too and you can claim damages from the startup.

Further if it included remarks harrasment abuse(language) than you can file a criminal complaint in police station and approach the women commission for the help.

I would suggest.you to file a complsint in women commission (state ) agaisnt the people in particular and then they will guide you through case for registering fir and other steps.

Further for damages and salary you send them.legal notice and file a complaint with labour commissioner for salary and other dues.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Dear, it happens in many companies. Do not feel depressed as for Advocates there is solution of every Problem. They have committed offences like outraging of modesty of women and other sections of IPC i.e. Indian Penal Code for wrongful restraint will also be applicable on criminal side. For Criminal filing you give the Application to SSP/ SP mentioning everything. If you feel that i should draft for you then i can draft. If they will not register FIR then file the complaint before Court. U/s 156(3) or U/s 200 of CR.P.C. On Criminal Side you can also file the complaint in court separately for Defamation.

On Civil Side you can claim compensation by filing Civil Suit for mental agony torture, mental as well as Physical harassment. you can call me or Email me your contract/ Appointment letter for drafting on your behalf. Before all these things you can take chance by simply sending Legal Notice through Lawyer, but it should contain all facts properly.

Ashutosh Gupta
Advocate, Zirakpur
2 Answers

4.0 on 5.0

Respected sir...

An employee faces many types of harassment in the workplace. For women employees there is a special act dealing with sexual harassment in the workplaces. Now women employees can make online complaint against sexual harassment to the portal –http;//www.wcd-sh.nic.in/

For irrespective of gender difference if you belong to SC/ST and there is discrimination on the caste basis you can lodge complaint under SC/ ST prevention of atrocities Act. If there is any human rights violation you can lodge a complaint with the Human Rights Commission of your state. Finally any other problem like working conditions, nonpayment of wages, denying overtime you can lodge a complaint with the commissioner of labor. But remember lodging a complaint should be the last resort....

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

You my file FIR under section 354 of IPC against those who are responsible for this harassment

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

1) your wife should lodge complaint under sexual harassment in work place with MD of the company

2) mention that derogatory comments were made against her

3) that she was forced to submit her resignation

4) that office premises was used for drinking

5) your ex employer would be forced to investigate your complaint hand take disciplinary action against the culprits

6) you can also lodge Police complaint against your ex colleagues under section 504, 506, 509 of IPC

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

Ma'am,

With regards your complaints, if you had received an appointment letter from the company then in that letter they must have stated your job description, if as per your job description it was stated that you are not required to code and they still made you code then they have breached your contract.

With regards the employee who passed derogatory remarks there is a clear case of defamation and you may chose either civil or criminal action.

As per the supreme court guidelines there has to be a mechanism for women with regards sexual harassment at workplace which protects women at workplace against lewd behaviour against them.

Fact that the senior management took no precaution for women employees you may take this up in court too as the Bombay High Court has dealt with a case regarding a female BPO employee who was raped and murdered as she was working a late night shift.

All of your above state a clear case of mental abuse/harassment.

Arka Navle
Advocate, Thane
8 Answers

4.0 on 5.0

Hello,

I am sorry to say that this are the norms of all the pvt companies irrespective of their status as I have witnessed the same in my family .

Here you can take them to labour court for not serving you the notice period and not paying you for those days .

They cannot simply fire you without paying the money or notice period.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
1061 Answers
2 Consultations

4.8 on 5.0

Hi

simply file a complaint to police with the issues you mentioned in your question.

also report the matter to the authorities regulating such startups in your area.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

You should sent them a legal notice asking for -

1. your severance compensation,

2. full and final settlement,

3. relieving and experience letter, and

4. the compensation in against the mental harassment and torture you have gone through.

If they fails to comply to your legal notice then drag them before the competent court of jurisdiction for the same. You have a fit case to be brought before the court and high probability to win the same in your favour.

Pulkit Prakash
Advocate, Delhi
134 Answers
3 Consultations

5.0 on 5.0

You could have taken action against the colleagues who harassed you in the work place under the prevention of sexual harassment to women in the work place act.

Even now you can lodge a complaint with the local police for the sexual harassment meted out to you which would include passing derogatory and lewd comments on you.

But since you are relieved now and also gradually coming out of the stress and state of depression, better ignore them as bad lessons because you will once again bring pressure on you and would be again depressed when you pursue the matter legally because it be another arduous episode in a different form.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

This is a fit case where your wife can lodge complaint with he Committee forced under Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013 .

If there is no such committee then she can lodge such complaint with the Police.

She must raise her voice and punish those responsible for taking illegal actions against the women in workplace including causing sexual harassment to them.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

Hello,

File a complaint against the company under the provisions of protection of women from harassment at work place.

If the company has not formed a committee under the said act then go ahead and file a complaint before the competent authority under the act.

Get in touch with a local lawyer at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
260 Consultations

5.0 on 5.0

1) You can make complaints against management and all senior officers who had done harassment to you. You can complaint against them first in Labour commissioner and ask for your compensation and if job of day shift.

2) File case against them for harassment and no night safety for women to work in the company. You can ask for more extra compensation regarding this.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

You can approach the labour court or civil court as per your designation and work profile as workmen or employee. If you don't fit under labour law provisions you can file civil suit. You can file for unlawful termination and case under sexual harrassment laws if you have sexually harrassed.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

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