OFFICIAL HARRASMENT FROM MANAGER, DIRECTOR AND MD OFFICIAL HARRASMENT FROM MANAGER, DIRECTOR AND MD

2 months ago

CAN I DO A COMPLAIN WITH OUT LETTING THEM KNOW ABOUT THE FACT? I HAVE DISCUSSED WITH HR WITH NO RESULT. I DO NOT HAVE ANY EVIDENCE ABOUT THEIR BEHAVIOURAL APPROACH TOWARD ME. EVERY TIME THEY DO MENTAL HARRASMENT. THEY DEDUCTED MY SALARY AS I WAS BUSY WITH MY PREGNANT WIFE WHO IS AN HEART PATIENT, I HAVE ALL MEDICAL PROVES AND TEST REPORT. THEY PRESURIZE ME TO WORK ON SUNDAY, ASK ME TO DO 14 HRS 20 HRS WORK WITHOUT ANY EXTRA PAYMENT.PLEASE HELP. I AM WORKING HERE SINCE 2021

Anik

Responded 2 months ago

View All Answers
A.Dear Client,

Engaging in any form of harassment or victimization of an employee by an employer during employment qualifies as unfair labor practice under Section 2(ra) of the Industrial Dispute Act, 1947, as outlined in the Fifth Schedule. To address such misconduct by the employer, if you hold the position of a workman as defined in Section 2(s) of the Industrial Dispute Act, it is recommended to file a complaint against the employer with the office of the relevant Labour Commissioner to resolve the grievance. Alternatively, if you hold the position of a Manager or Supervisor, pursuing a civil suit is necessary for seeking redressal against the employer. Additionally, escalating the matter to regulatory authorities of the company, such as the ROC or Licensing Authority, is another avenue to address and resolve your grievance.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

View All Answers
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, to stop such malpractices of the employer, 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. Apart from this, you can also escalate your grievance before the concerned regulatory authority of the Company, like ROC, Licensing Authority to redress your grievance.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMental tourture by ex girlfriend
Dear Client, It is a clear case of harassment and it is advisable that your fiance to file a complaint than you directly . your fiance can file a case of harassment under sec 509 of IPC for harassing...
question iconRight to life
Dear Client, Any ventures or commercial activities affecting the health and life of the common public at large require mass protests to attract the attention of the higher authorities. In the given sc...
question iconAre husbands not allowed to see heartbeat in early pregnancy ultrasound scan
Dear Sir, Please contact concerned medical experts and health department to know the present status of above narrated issue.
question iconFibresheet roofing
Dear Client, If there is any registered Society or Association of the buildings, then you can bring the matter to their notice for a resolution in the matter. Otherwise, in a standalone building, the...
question iconI have been having a toxic relationship
Dear Client, When you are experiencing such type of continuous threat to your safety and security including mental and physical harassment in-house, you can get in touch with a social worker or NGO w...