Yes, mental harassment and torture in the company in duty hours and female harassment like transfer in remote area without provide transportation facilities nor securities after 11.00 pm.
I came across a situation.. Where in a private company a boss and HR is transferring a female to a very far rural location just on the basis of some errors in work. That lady is staying alone with her kid and she got transferred to a location where evening transportation is a risky and its 90 kms from her home town and no body is there to take care of her kid.. Company is very adment about her decision and her boss is keep shouting on her and now she os mentally disturbed.. Is there any case that can be filed
Yes, mental harassment and torture in the company in duty hours and female harassment like transfer in remote area without provide transportation facilities nor securities after 11.00 pm.
you can try to complaint against the same to office of labour commissioner or approach the labour court with stay application from transfer
No case can be filed by the girl against her boss for just transferring her to some remote location.
In order to file a case, there should be some serious misconduct on part of the boss. If the boss is using abusive language towards a girl, complaint can be filed against him with police.
A case can be filed in the labour court but transfer policy even in government departments is not often successfully challenged as the courts decline to interfere what to say of the private sector.
Regards
It is a private company
2) lady can only make representation against the transfer
3) she cannot file case against her boss
4) she can quit her job
you can go for taking stay on transfer order,
but as it is a private company, therefore you have to fight a long battle which can affect your career as well
if possible, change the job or try to settle the matter amicably
In a private company she has no option for filing case against transfer. In the case of mental harassment she can opt for filing complaint against humiliation & Mental Torture.Apart from labour laws, some fundamental rights are incorporated in the Constitution. So, in the case of discrimination at workplace on the basis of race, caste or sex, you can file a case of violation of fundamental rights.
This is employment condition which cannot be challenged in court.
However if there's an injustice happened to her then she may approach for legal options.
She should gather evidence properly to challenge the decision of her employer.
So what's your locus standii?
As advocates, we advice only the victim, not any random third person. Get that lady to seek advice from me, rather than you jumping in
1. Transfer of an employee can very basis of effective management of an organisation and unless there is violation of any rules as regards transfer policy the transfer to an unacceptable city can not be challenged by the employeee.
2. However if it can be established that transfer is made as punishment then the same ca be challenged in the high court or before the Administrative Tribunal.
3. If she is mentally unfit then she can submit a representation to revisit the decision on her transfer.
lady cannot file case against her boss on basis of transferring to remote location. if boss abusing or harrasing then lady can file complaint u/s 504.