Fnf issue
2 months ago
How to handle boss who harasses at the end of the tenure of the employee with legal obligations.
A.Dear Client,
The Indian Penal Code (IPC) contains provisions related to harassment, primarily under the sections dealing with offenses against a person. One of the relevant sections is Section 354A, which specifically addresses sexual harassment and provides for the offense of sexual harassment. A person commits the offense of sexual harassment if they engage in any unwelcome act with a sexual intent, including making sexually colored remarks, making sexually explicit gestures, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
The punishment for sexual harassment is imprisonment for a term that may extend to three years, or with a fine, or with both.
The Indian Penal Code (IPC) contains provisions related to harassment, primarily under the sections dealing with offenses against a person. One of the relevant sections is Section 354A, which specifically addresses sexual harassment and provides for the offense of sexual harassment. A person commits the offense of sexual harassment if they engage in any unwelcome act with a sexual intent, including making sexually colored remarks, making sexually explicit gestures, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
The punishment for sexual harassment is imprisonment for a term that may extend to three years, or with a fine, or with both.
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A.Dear Client,
Any type of harassment or victimization of an employee by an employer in the course of employment amounts to unfair labour practice as defined under Sec.2(ra) of the Industrial Dispute Act, 1947 as specified in the Fifth Schedule. So in the prevailing situation, it may be suggested that 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 unfair labour practice and harassment by the employer or its agent, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer to resolve your grievance. Otherwise, if you are holding the position of a Manager or Supervisor, you have to file a civil suit for redressal of your grievance against the employer.
Any type of harassment or victimization of an employee by an employer in the course of employment amounts to unfair labour practice as defined under Sec.2(ra) of the Industrial Dispute Act, 1947 as specified in the Fifth Schedule. So in the prevailing situation, it may be suggested that 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 unfair labour practice and harassment by the employer or its agent, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer to resolve your grievance. Otherwise, if you are holding the position of a Manager or Supervisor, you have to file a civil suit for redressal of your grievance against the employer.
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