• False termination case under sexual harassment

I am a freelancer photographer. I was selected for photography by company in annual function, 2013 but not in 2014. Unfortunately, my relation was not good with my manger and HR manager because last time i told them I will revert after consulting to legal advisor. So, they were searching an opportunity to fire me.

I am photographer so i reached with my camera in annual function venue at Tivoli Garden, New Delhi (not a work place) . During function, I clicked so many photos even female employee and VP. After function , I uploaded a pic of female a employee on my photography page because that was best click. This pic was close up photo (where only face is showing).

Next day, I got an email from HR on the case of sexual harassment where she mentioned the case of photography. I told to manager and HR, I want talk to that female employee first but they told me she do not want talk to you because she feels uncomfortable with you. I told OK, than investigate the case deeply but she told i will not do any investigation.

Now, I have an option. Apologise letter and i wrote same as "there was no any intention to harm anyone directly or directly form. If anyone feeling bad i apologise for that and take care in future.

After, this she gave me two options either resign or termination. I wrote a resignation letter but did not make signature. So HR send me termination letter at my door step. I contacted to VP also but he told I cannot do anything.

So, i uploaded whole story on facebook where I mentioned that I contacted to all stage from TL to VP but noone is listening. In this context, they sent me legal notice for deleting and some legal action.

So, tell me what I should do now?

Note:- I requested to her send me National Holiday Rule ( i was working on 15th August and 26 Jan. and my employer marked my leave as LWP because I was on leave from 12 august to 17 august 2014 where she marked that sms is not valid for taking leave. So, she marked LWP)
Asked 1 year ago in Labour from New Delhi, Delhi
If you are free lance photographer then where is the question of resignation/ termination. However if you were regular employee, you can challenge the termination. 
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
Hi,
1. You should reply to the legal notice, denying their allegations that you have any intentions to malign them..

2. Since sec.66 A scrapped  and the implication of the face book writing may be brought under any other  way of asking for damages for defaming them.
3. For time being avoid any such posts on networking sites .
if you are  comfortable, See if it can be finished by deleting the posts , and sending them a reply to that effect 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Things are not clear to me. Are you a freelancing photographer who was selected by a company to take photographs of annual function in the year 2013 or you are an eployee of the company who knows photography and was requested to take photographs of the said funstion in the year 2013 and not in the year 2014?

2. Freelancer means who is not attached exclusively with any Company and commercially acts freely with whosoever engages him,

3. However, if you are an employee of the Company and took photograph of a lady and published it in your photography page without her permission and after that apologised for your said act, you have lead yourself to the trap of your employer,

4. Either you should not have given the apology letter or should have signed your resignation letter,

5. You can take the last resort of filing a complaint before the local labour commissioner alleging that the Company has forcibly taken apology letter from you and has terminated you without following disciplinary procedure.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. Yes, you have handed over the RAM BAN in the hand of the Company in the form of your apology letter,

2. You should have taken legal advice in this regard before issung the said apology letter,

3. Apology letter is admission of offence,

4. Find out your local labour commissioner's office to file a complaint case alleging that the Company has forcibly taken apology letter from you and has terminated you without following disciplinary procedure. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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