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Harassment by Boss Harassment by Boss

10 months ago

Kindly advice under which specific Rule/ Section, I can file a case against my Boss who is continuously harassing me due to which I am going in to depression and insomnia

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
You can get file such complaint with Police under various sections of Indian Penal Code but you must have concrete evidence that is through your colleagues and also CCTV etc.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,
Any kind of harassment at including mental and physical at the workplace by the employer amounted to victimization and unfair labour practice on the part of the employer. Unfair labour practices are defined under the Fifth Schedule, Section 2 (ra) of the Industrial Dispute Act, 1947, which was added after the Industrial Disputes (Amendment) Act, 1982. The Fifth Schedule of the Act listed certain practices which amount to unfair labour practices on the part of the Employer and the Trade Union. Sec: 25T of the Act prohibits unfair labour practice while Sec.25U prescribes the penalty for committing unfair labour practice. Before filing a complaint against your boss before the competent authority, you need to gather strong pieces of evidence like voice recording, video, whats app text, eye witness, statement of colleagues, etc that support or prove your complaint before the concerned authority. If are satisfied with your pieces of evidence, then you may file a complaint against your boss over alleged victimization and unfair labour practice to the concerned Labor Commissioner for redressal of your grievance. Quasi-judicial authority resolved the dispute faster than other authorities/forums.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Dear client,
Please file a complaint before the labour commissioner with respect to your issue. If this doesn't work, you can file a complaint under Section 499 (defamation) that punishes for slander or libel through words said or written, gestures, etc.
Sections 354, 509 specifically deal with the acts that harm the modesty of a woman. Section 504 punishes intentional use of abusive language against another. Section 506 of the Act punishes criminal intimidation.

You can use these sections for your defence
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