• Workplace harassment

I have raised a complaint with the Human Resources Department of my prior company regarding workplace harrassment by my boss who is based in North Carolina office in USA. The harrassment was in the form of Workplace Bullying being undertaken by my boss in which she herself participated and encouraged other people in our department to harrass and trouble me in order to force me to resign and leave the company. She was supported by the leadership team in India and Human Resources as well. The India office is located in Bangalore where I was working till July 2019 and had to forcibly leave the office on account of the Workplace Harrassment that was occurring and a Hostile Working Environment taking a toll on my health. I had also filed a complaint with HR prior to this, however they failed to acknowledge the harrassment and rather blamed me in return. I have proofs as well of the original complaint filed, past discussions held, which gave a detailed explanation and account of the harrassment. The complaint hearing was obviously a complete eyewash and no disciplinary action was taken against my supervisor. Thereafter both Human Resources and my supervisor created an environment where obstacles were intentionally put in my way to ensure that I am unable to perform my duties. They would then humiliate me for not being able to perform those duties in an apparent attempt to further trouble me in order to instigate me to resign. I would like to get legal advice on filing a case against my past employer for this harrassment, mental anguish, and degradation of my health on account of the hostile working environment created against me in office which ultimately forced me to resign.
Asked 4 years ago in Labour

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10 Answers

Better put online review against the company, many employees go through it before joining the company. Through court, rare possibility of relief without cogent evidence of harassment. Mere allegations are not sufficient.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. If there is ample and strong evidence of mental harassment caused to you by your previous employer, then it can be countered by filing a mental harassment case resulting in your ill-health and resignation from the Company.

2.  Compensation amount can be claimed through Court for the damages sustained by you during the course of employment.

3.  To start with, you can serve a legal notice to your previous employer.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

Obviously you can take legal action.

One can move to labour court if he is in workmen category.

Otherwise in civil court.

In case of govt office, SAT or CAT  .

If PSU like bank etc . One can move direct to High court by filing a writ.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Litigation in India is long drawn and expensive proposition 

 

2) you can file police complaint against harassment at work place 

 

3) mention that you were forced to resign on account of harassment at work place 

Ajay Sethi
Advocate, Mumbai
94919 Answers
7572 Consultations

5.0 on 5.0

Sexual harassment of women at workplace (prevention, prohibition & redressal) Act 2013;

The Act in its Section 2n, defines sexual harassment. Sexual harassment includes any
one or more of the following unwelcome acts or behaviour (whether directly or by
implication), namely
 Physical contact and advances, or
 A demand or request for sexual favours, or
 Making sexually coloured remarks, or
 Showing pornography, or
Any other unwelcome physical, verbal, non verbal conduct of sexual nature
Section 3 (2) of the Act further elaborates that if any of the following circumstances
occurs or is present in relation to or connected with any act or behavior of sexual
harassment among other circumstances, it may amount to sexual harassment-
 Implied or explicit promise of preferential treatment in her employment, or
 Implied or explicit threat of detrimental treatment in her employment, or
 Implied or explicit threat about her present or future employment status, or
 Interference with her work or creating an intimidating or offensive or hostile
work environment for her, or
Humiliating treatment likely to affect her health or safety

 

Any aggrieved women may make in writing a complaint of sexual harassment at
workplace to the Internal committee/ Local Committee within 3 months from the
date of incident or the date of the last incident in case of a series of incidents. In case
the women cannot write, the Presiding officer/ any member of Internal Committee/

Chairperson/ any member of Local Committee shall render all reasonable
assistance. (Section 9(1) of the Act).

Any aggrieved women may make in writing a complaint of sexual harassment at
workplace to the Internal committee/ Local Committee within 3 months from the
date of incident or the date of the last incident in case of a series of incident (Section
9(1)).

If the aggrieved woman is unable to make a complaint on account of her physical or
mental incapacity or death, her legal heirs or such other person as may be
prescribed may do so. ( Section 9(2) of the Act)

Person aggrieved due to the following conditions may prefer an appeal to the Court
or Tribunal or in such manner (Section 18(1) of the Act):
Recommendation under Section 13(2) of the Act : If the ICC or the LCC arrives
at the conclusion that the allegation against the respondent has not been
proved, it will recommend to the employer and the District Officer that no
action is required to be taken.
Recommendation under Section 13(3) i/ii: If the ICC or the LCC arrives at the
conclusion that the allegation against the respondent has been proved, it will
recommend to the employer and the District Officer, the following : To take
action for sexual harassment as a misconduct in accordance with the
provisions of the service rule applicable to the respondent or where no such
service rules have been made , in such manner prescribed and/or to deduct
from the salary or wages of the respondent such sum to be paid to the
aggrieved woman or to her legal heirs.
Recommendation under Section 14(1/2): If the ICC or LCC arrives at a
conclusion that the allegation against the respondent is malicious or the
aggrieved woman or any other person making the complaint has made the
complaint knowing it to be false or the aggrieved woman or any other person
making the compliant has produced any forged or misleading document, it
may recommend to the employer or the District Officer to take action against
the woman or the person who has made the complaint. (Section 14(1) of the
Act.). If the ICC or the LCC arrives at a conclusion that during the inquiry any
witness has given false evidence or produced any forged or misleading
document, it may recommend to the employer of the witness or the District

Officer to take action in accordance with the provisions of the service rules or
in such manner as may be prescribed. (Section 14(2) of the Act)
Recommendation under Section 17 : If any person contravenes the provisions
of Section 16 of the Act, he shall be liable to penalty in accordance with the
provisions of the service rules applicable to the said person or where no such
service rules exist, in such manner as may be applicable.
Non implementation of recommendations

Appeal has to be done within a period of 90 days. (Section 18(2) of the Act)

T Kalaiselvan
Advocate, Vellore
85119 Answers
2215 Consultations

5.0 on 5.0

You can make written complaint to labour registrar of the company and labour Commissioner of your city.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

You can file harassment under IPC only. Labour laws are only for the wrongful termination and compensation

Prashant Nayak
Advocate, Mumbai
32065 Answers
183 Consultations

4.1 on 5.0

Dear Sir/Madam,

You may get issue a strong legal notice threatening them to initiate different types of cases and they will definitely come down.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

you can register an FIR  against harassment under at workplace act. Once the FIR is registered, the police will investigate the incident.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should first send them a legal notice to claim compensation for the harassment you have suffered while working with them due to which affect your health conditions.

If they doesnt reply or refuse to compensate then file a suit for compensation in civil court against employer and their HR department.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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