Complaint against employer for harassment and reputation loss
8 months ago
My employer has been harassing me about leave issues they hold my increment as well as leave credit...as I was absentto look after my dependent brother..They r causing heavy distress to me
A.Dear Client,
An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company at the time of joining. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. In case you find any deviation or violation of any terms of the contract that makes the working environment toxic, you need to bring the matter to the notice of your higher authority either through written application or through email. However, in case you absent yourself from your job without prior approval of the management, then such unauthorized absence from duty/work is usually termed as misconduct on the part of the employee and management can take action against you following its HR policy either by awarding a penalty or punishment commensurate with the nature and effect of misconduct if proven in a domestic inquiry conducted in the charges/allegation following the principle of natural justice. But cannot harass you at all outrightly which is amounted to victimization and unfair labour practice on the part of the Company./employer. So in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action of the employer, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter.
An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company at the time of joining. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. In case you find any deviation or violation of any terms of the contract that makes the working environment toxic, you need to bring the matter to the notice of your higher authority either through written application or through email. However, in case you absent yourself from your job without prior approval of the management, then such unauthorized absence from duty/work is usually termed as misconduct on the part of the employee and management can take action against you following its HR policy either by awarding a penalty or punishment commensurate with the nature and effect of misconduct if proven in a domestic inquiry conducted in the charges/allegation following the principle of natural justice. But cannot harass you at all outrightly which is amounted to victimization and unfair labour practice on the part of the Company./employer. So in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action of the employer, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter.
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