Inaction of Management on Moral and Sexual exploitation issues
3 years ago
I have been working at a Valve manufacturing company in Hyderabad, for the last 04 years as Manager Documentation and carrying out various roles of Engineering and general nature.
I had intimated my Director Technical regarding the unethical conduct of one of the managers in Jun 2020. Later in the year Sexual exploitation issues cropped against the same manager. In addition, he was getting help in covering up the issues by a shop floor supervisor in lieu of money and external manufacturing projects of our competitors.
I had sent an e-mail to the Dir Tech regarding corrective actions against such immoral acts. But as this is a family-run MSME manufacturing unit of 12 crore turnover the MD (all of 80 yrs) doesn't want to take any action and asked me to just do my work or leave the company on my own after 30 days notice period. One out of those two individuals even tried to open my e-mail in the month of Dec 2020 in my absence, without my consent. I had intimated the same to Dir Technical the next day with snapshots of the recently closed History and attendance sheet of persons in the office that day.
I had requested for the renewal of the contract as my previous contract did not mention anything about Leave days encashment at the end of my tenure with the company along with a 20% increment as last year there was no increment. The request has not been honored to date.
Can I take legal recourse and to what extent can I quote damages?
Ankur Goel @ Complete Law Shield
Responded 3 years ago
"Sexual exploitation issues cropped" means it was not you but someone else. How you know someone else case details ?
how you are affected in all this ?
if you take legal action if you were affected by Sexual exploitation.
you can not use someone else case against manager for your case of unethical conduct.
contract renewal is management discretion.
Sukhvinder Kaur
Responded 3 years ago
As per POSH Act if your employer doesn't have a ICC you can constitute a case against him for compensation. And can also complaint before LCC district officer for taking necessary action against the employer and accused for inquiry and compensation.
You may approach high court.
You can institute a suit making your employer liable for non-compliance of POSH Act and seek compensation from the employer and culprit both. The POSH Act is mandatory and you can even complain to the MCA for the violations of the provisions of the POSH Act.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can institute a suit claiming non compliance of the provisions of POSH Act and seek compensation from the employer. You can also compliant with the MCA for non-compliance of POSH Act by the employer.
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