Sir you can serve a legal notice to the company and can further register a complaint with the labour commissioner.
Further in the notice you can seek damages.from the company for mental harrasment and problems you are going through.
Mentally harassed and misled by managers
I am software engineer. I filed a complaint against my lead and Manager because of them i lost my peace of mind(having lack of sleep, mental stress, back pain etc.) because of that i am away from my work almost 3 months that is till date. Because of this i filed a case against them in my company with proofs but company has rejected by saying "The panel has reported that allegation made by you is unjustified and hence we are dismissing your complaint." The main reason is that i supposed to get confirm in 6 months but one lady was having problem with me(mainly ego problem). They changed my team after my complaint against her but her influence is that she is not getting my confirmation done. In new team new manager clearly told that you are doing good and all are happy with your work. But even though after the year they have not confirmed me. For the above statement i have audio recording where my new manager clearly told that i am doing good. Even i shared the recording with inquiry panel the panel is saying that "allegation made by me is unjustified and hence we are dismissing your complaint." They are not even providing the reason that why my confirmation is not done till date and they are forcing me to work in the same team where i lost my peace of mind. Because of them my career is spoiled and i am running out of money because i am not getting salary. Please suggest me what to do next so that i can teach them the lesson what company is not doing against them because they are old members of the company
Asked 7 years ago in Labour
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14 Answers
you should resign from company and search for alternative job
2) you have not been confirmed for period of one year and you have lost your peace of mind
3) it does not make sense in continuing working for said organisation where your work is not appreciated
you can file case of mental harassment & torture against your manager. There are various remedies available against various provisions of law Which depend upon types of harassment.
Please be cool, first draft an application in details giving all the facts you have narrated here and file it before the Labour Department saying that your employer is continuously harassing you.
1. The courts cannot direct the private employer to confirm an employee, but as an employee you have the right to be paid your salary at the scheduled time.
2. You may serve a lawyer's notice to the company to pay the arrears of salary, and if the salary is still not paid then a suit for recovery of money can be filed.
You can approach the labour commissioner with a complaint and if the same is not resolved then can pursue the same in labour court.
You can enumerate the grievances in a piece of paper, draft a complaint against the persons/employees who torture or harass you in the office, submit the complaint to the top management seeking its intervention and relief from all such tortures.
If the management if not cooperating or taking any action then you may approach high court with a writ petition seeking its intervention for a relief and remedy to this issue.
Dear Sir,
The MNCs adopting anti worker policy and using “Hire and Fire” method. You must be knowing that labor laws not applicable to MNC companies. Thus workers have no voice against the actions taken by the management. However you can lodge complaint with Labor Commissioner and he will try to settled the matter or else send the file to Industrial Tribunal under Section 12 of ID Act which is as follows:
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
Even after complaint to HR and head of the company they are not entertaining me and they are forcing me to rejoin the same team and they want to wash their hands by saying they believe on their panel. But the panel is having pressure from someone to save manager and they are rejecting my complaint. I want to take legal action against the company as well as my manager. Please suggest me where i can complain or send a legal notice or file a case against them. I am getting harassed day by day and my health is going down.
Asked 7 years ago
As advised you can file a complaint to to labour court.
You can send a legal notice through advocate and further you can seek damaged by way of suit from the company
Taking legal proceedings woukd be counter productive
your services would be terminated
litigation is long drawn and expensive proposition
better resign from service , serve your notice period and search for another job
Harassment (Mental/Sexual or both), Physical Abuse, Fraud, Illegal Detention, Forcing or abetting to commit an unlawful act, use of foul language / language denoting caste or religion etc in a derogatory way. you should make a complaint to the concerned police station along with labour department against manager.
Dear Sir,
First get issue a Legal Notice to them then file a civil and criminal case against them. You can even claim compensation against them. Please share relevant details for more guidance.
If you feel that the decision taken against you is not acceptable and your representations are not being considered, you may issue a legal notice demanding your claim, however you may have to face the repercussions, be prepared for that.