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Sexual Harassment at Workplace

Workplace harassment and hostile working environment

Work for an MNC, filed a HR complaint against my manager for calling poor performance inspite of achieving quota, he tried changing my role, no appreciation on mails to team mentioned names of others but not mine etc...which HR investigated and found to be true and given options that weather i change my role ( which i declined earlier as it was not my expertise ) or manager change to different division but job role was quite similar. I took that manager change but found that my dotter reporting would also be to the earlier manager since i would be doing both the jobs. Now earlier manager started different things to harass me like changing my territory/clients/quota/achievement means and one fine day he mail me that now onwards i will have to carry a quota which i have to do the role which i declined to him as well as HR.....means ultimately he had sidelined me by assigning me to a different expertise role....either i accept that role and could not perform ( since it was not my expertise or scope ) or i deny the role so that he can take this as disciplinary action against me. Because of this undue pressure and creating a hostile working environment, i again complaint to my HR with all the proofs of harassment 2.0 and report of earlier investigation report ( which was in my favour) and told them since i do not have any other option left either to accept this role or to resign, hence i choose to resign. I thought that my HR would take a conciseness of this repeated harassment matter and take some immediate action and remedy for me, they just accepted my resignation and put me on notice period. Since both the time i had made the written complaint with facts, hence i feel this was HR's moral and Legal duty to protect my job from this harassment and force resignation, which they did not performed and by accepting my resignation they just get rid of their duty as well as given shelter to a habitual harasser in the company. I want to seek my legal options on this to sue the company, and compensation towards work place harassment, mental agony of almost 18months and loosing my job since i have to resign forcefully and i do not have any job with me. ( as they took some 10 months in overall investigation and conclusion of my 1st complaint and then the weak resolution which resultant into continous harassment by the same manager ) . Kindly evaluate and advise.

( Gurgaon, Haryana )

10 months ago

Reply

Dear Client,
Your situation appears to involve significant workplace harassment and potential constructive dismissal under Indian labor laws. Based on the details provided, it seems you have been subjected to ongoing hostile actions by your manager despite HR's initial investigation confirming your complaints. This has ultimately forced you to resign due to intolerable working conditions, which could be viewed as constructive dismissal. In India, the Industrial Disputes Act, 1947, provides for the protection of workers from unfair practices and wrongful dismissal. Additionally, the Indian Penal Code (IPC) includes provisions under sections 354A and 509, which cover workplace harassment.
Given your documented evidence of harassment, the HR's failure to take appropriate remedial action, and the pressure leading to your forced resignation, you may have grounds to sue the company for workplace harassment, mental distress, and wrongful termination. It would be advisable to consult with a labor law attorney to discuss filing a case with the labor court or tribunal. The attorney can help you pursue claims for compensation for mental agony, the hostile work environment, and loss of employment. Furthermore, you might consider seeking relief through the National Human Rights Commission (NHRC) or the State Human Rights Commission (SHRC) if your case involves severe violations of your rights.
Kindly gather all pertinent documents, including your complaints, HR’s responses, and any communications with your manager, to present a strong case. It is essential to act promptly to ensure that your legal rights are protected and to seek the justice and compensation you deserve for the suffering you have endured.

Vidhikarya

Helpful

A.Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an investigation, as well as the measures to be taken. According to Section 2(n) of the Act, sexual harassment includes the following unwelcome acts: Sexual advances and physical contact, A request or demand for sexual favours., Making sexually charged remarks. Displaying pornography or any other unwanted sexual physical, verbal, or nonverbal conduct. The accusation must be filed “within 3 months from the date of the episode,” to the IIC (Internal Inquiry Committee) according to the Act. The IIC has two options: file a police report or file charges that must be accomplished within ninety days. In aspects of summoning and inquiring individuals under pledge, as well as trying to order the discovery and development of records, the IIC has civil-court-like power and authority. Within ten days of the inspection’s execution, the ICC must give the firm a paper detailing its findings. The report is available to both stakeholders. According to the legislation, the legitimacy of the lady, the accused, and any eyewitnesses, as well as any relevant information on the investigation, proposal, and action taken, is not to be publicly disclosed. When the investigation is finished, the IIC must provide the employer with a report on its findings within 10 days. Both parties are also given access to the report. If the allegations of sexual harassment are proven, the IIC advises the employer to take action “in accordance with the provisions of the company’s service rules.” Compensation is determined by five factors: the woman’s suffering and emotional distress; her loss of career opportunity; her medical expenses; the respondent’s income and financial status; and the feasibility of such payment. Following the recommendations, the aggrieved woman or respondent has 90 days to file an appeal in court. Section 14 of the Act addresses the penalties for filing a false or malicious complaint and providing false evidence. In this case, the IIC “may recommend” to the employer that action be taken against the woman or the person who filed the complaint “in accordance with the provisions of the service rules.” In the given situation, you may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. A forced resignation can be termed an illegal termination if the employee proves her complaint of sexual harassment and toxic working environment with cogent evidence that forced her to tender resignation. Termination or dismissal other than a disciplinary action for proven misconduct amounts to illegal termination/retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute before the concerned Labour Commissioner for redressal of the complaint failing which she can approach directly before the Industrial Tribunal/Labor Court concerned for adjudication provided you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team to navigate the issue in the right way.