• Mental harassment

Dear Sir / Ma'am ,
Greetings for the day !!!!!!!!!!
After getting fed from all possible scopes that I have , I am here to discuss my problem with you .

My younger sister who works with PSU Bank as Scale 1 Officer in Delhi since last 5 years . So far every thing was going good . 
Since last 1 year her AGM has suddenly changed his mind concept and has started torturing her mentally . every now and then he is scolding her in presence of other employees without any reason . 

he ask her to come on Sunday's also at bank without any reason . when in reply she says that also call other officers he says no you have to come. 

with this kind of tactics been adopted by that AGM my sister got mentally stressed and was hopspitalized in delhi hospital for 1 week . 

again after resuming duty the guy started barking at her . with no specific reason .

Dear sir and madam , I beg your good self to kindly advice the appropriate action / step that I can suggest my sister to take against his behaviour . my self and mother lives in another state .

looking forward for an favourable reply . she is under tremendous pressure . I pray to god she don't take any wrong step .

please help me out .........

best regards 
pawan kumar dubey
Asked 2 years ago in Labour from Kanpur, Uttar Pradesh
1) your sister shoul;d complain to the head office against harassment meted out to her by AGM 

2) in said complaint mention that she is only employee being called on Sunday , humiliates her in front of other employees 

3) your sister can also complain to the bank union against un becoming conduct of the AGM 

4) she can also seek a transfer from said branch on account of continuous harassment 
Ajay Sethi
Advocate, Mumbai
40244 Answers
2286 Consultations

5.0 on 5.0

The law of land recognizes the authority of a superior officer to admonish and pass strictures against a subordinate employee for the failure of latter to discharge his duties in accordance with the rules, but this authority cannot be exercised in a manner that would be detrimental to the overall interests of the institution or defame the subordinate employee. No violation of law can be gathered from your query. Your sister should address a complaint to the higher echelons of the bank against  AGM for an appropriate action.
Ashish Davessar
Advocate, Jaipur
22628 Answers
609 Consultations

5.0 on 5.0

Dear Pawan
She may file a complaint against him before competent authority like G.M. or MD of the Bank or file a police complaint against him for harassment.

she may also file a complaint against him before labour commissioner of area.
Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
4550 Answers
208 Consultations

4.9 on 5.0

1. That the AGM by insisting on presence of your sister on holidays and over burdening her with others job has victimized your sister unjustified and harassive 
2.The said act of the AGM also amounts to sexual harassment for which your sister can lodge a complaint under sexual harassment in Work Place Act which is very stringent in affect and is likely to solve all  her problems.
3.Alternatively she can also bring this atrocity to the notice of the GM  or any other higher authority.
Devajyoti Barman
Advocate, Kolkata
11244 Answers
141 Consultations

5.0 on 5.0

your sister should file  a case of harassment against the AGM with her HR Department first. 
AGM cannot ask employees to work outside of office hours. All the more no women employee can be asked to work on public holidays and out of office hours. 
Every bank will have its own Officer EMPLOYEES’ (CONDUCT) REGULATIONS and grievance redressal mechanism's. 
Ask you sister to go through the rules and submit her complaint according to the grievance procedure stated in case the HR Department is not supportive. 
Also if she wants urgent reconciliation without going through Grievance procedure, ask her to speak to her Union / employee trade union. they will take care of AGM in proper proper manner. 

Rajgopalan Sripathi
Advocate, Hyderabad
1192 Answers
128 Consultations

5.0 on 5.0

she should file a complaint before superior officer and state all the facts regarding this issue. purpose behind this is to bring all the facts  in writing and in legal way. she should also file an application for her transfer to any other branch. 
Shivendra Pratap Singh
Advocate, Lucknow
4817 Answers
75 Consultations

4.9 on 5.0

Your sister has options
1.	file a complaint against the AGM before higher authority of the bank. 
2.	Approach the bank employee trade union
3.	File a complaint before labour commissioner 

Compulsory working on holidays is not an admissible one .The illegal action of AGM has peanalised  bylaw. She can get protection from the harassment and mental torture. 
Ajay N S
Advocate, Ernakulam
2620 Answers
37 Consultations

5.0 on 5.0

If your sister is being harassed and given sexual tortures, she can give a complaint against him with the committee formed by the organisation to protect women from such sexual harassment in the place of employment.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work.
The Act came into force from 9 December 2013.
WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment;
The Act uses a definition of sexual harassment which was laid down by the Supreme Court of India in Vishaka v. State of Rajasthan (1997). Article 19 (1) g of the Indian Constitution affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one's rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s fundamental right under Article 19 (1) g. The case ruling establishes that sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury.
Your sister may be advised to report the matter in a form of complaint with the higher officials, quoting that if no proper action is taken against the AGM, she will be forced to lodge a complaint against him under the provisions of the above law. 
T Kalaiselvan
Advocate, Vellore
30332 Answers
316 Consultations

5.0 on 5.0

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