Manager Harassing
ManjunathH
(Querist) 26 May 2015
This query is : Resolved
Hi, In the resent past I've had health some domestic issues for which I have taken leaves from work. In the month of Jan for 3 days, due to death in the family; in February due to wife's health concerns for about 2 weeks and in April and May together 4 days due to my health issues. Also, during some of these months I have worked on weekends to make sure that not much of my work is hampered. However today the manager calls me for a meeting and suggesting me that I quit the company. He is also threatening indirectly that even if I stayed I may not get the opportunity to apply for another role within the org. I have worked for this company for 8+ years. If I go to hr I am sure they will support the manager only. What are my legal options? Can I file a case in labor court for harassment? I know I risk the job if I go legal but I am assuming even the manager will risk the job if I go legal. Which I am fine about. Do I have any legal grounds here and is there any lawyer in Bangalore to take up the matter?
Any assistance is appreciated. Thanks.
Kumar Doab
(Expert) 26 May 2015
You may go thru Karnataka Shops and Commercial Establishments Act and its section:6A,7,8,15-16 and on: Leave at website of Dep. Of Labor of Karnataka or at:
https://www.karnataka.gov.in/karnatakachildlabour/ChildLaborLawsRights/Karnataka%20shops%20and%20commercial%20establishment%20act.pdf
----The language states that:
“Every employee in an establishment shall be entitled to leave with wages and shall be allowed to avail such leave…………….”
“Every employee shall also be entitled during the first twelve months
of continuous service and during every subsequent twelve months of such
service in any establishment to leave with wages for a period not exceeding
twelve days, on the ground of any sickness incurred or accident sustained
by him or for any other reasonable cause.”
“If any employee wants to avail himself of the leave with wages due
to him under sub-section (3), he shall be granted such leave even if the
application for leave is not made within the time specified in sub-section
(8),
“
“An application for leave which does not contravene the provisions
of sub-section (8) shall not be refused
“
Thus the leave that you are entitled to can be availed by you.
The establishment can not provide leave policy that is inferior to the Act but can provide that is superior to the Act.
---- For work done on weekends OT is applicable and has to be paid.
----Demand of resignation is offense.
However you should record the evidence (audio/visual/witnessed/minuted) and it should be irrefutable.
In karanataka there are many employee’s unions that are affiliated with Trade Unions. List of Trade Unions/Contact details are available at Dep. Of Labor website of Karnataka……
Remain gentle, composed and amiable.
HR is not your employer and is just another employee in company and has specific roles.
State of Govt. of Karnataka made it mandatory to have GRC (Grievance Redressal Committee) in each company. Employee’s can form ‘Works Committee’ also and it is an authority as per ID Act.
Good offices of appointing authority,MD,Chairman can also be approached.
Don’t straightway jump to litigation.
Build sufficient record under proper acknowledgment while in employment.
You can approach an able Labor Law Consultant/Service matters lawyer /Law firm.
Dr J C Vashista
(Expert) 27 May 2015
Well advised by expert Mr. Kumar Deoab, I agree.
However, generally, all states have similar rules/act to be implemented in the organisations operating in the state. You are entitled for leave whether earned, medical, half-pay or without pay, it differs from the leave credit/balance in your account, which cannot be denied.
What ever leave you have availed is prima facie for bonafide domestic purpose, nothing to worry.
HR can just inform about the leave policy and no one can ask you to resign on the basis of your leave of absence from work.
T. Kalaiselvan, Advocate
(Expert) 01 June 2015
Consult a local service law practicing lawyer and discuss the details in person.
