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Gaurav (AGM)     18 September 2014

Mental harassment at work place to leave job

My Wife is working in a company as a Asst. Manager HR from last 3 years and the company was taken over by a german group in nov. 2013. Her performance was good. At the end of May 14, she asks her GM that her exams are coming in next month and she will be on leave during the month of June -14, She also ask him that she can come to office in alternative days during the month to avoid a big pendency  of work. But he refuses and told her that you can give your exams on complete leave. 

After end of her exams on dt. 02.07.2014 she joins her office and she sees that another person is sitting on her place and her name plate has been removed. This moment was very embarrassing and shockful for her. She called the GM, He asked her to wait. He comes in office at 2.30pm and ask her that we have recruited another person on your place because your skill matrix are not matching to the requirement of the company and we are going to transfer you to Mumbai. She asked him that she is pregnent and she cant take any transfer at this time and she needs family in this situation. Then he asks her to wait he come back after two hours and told her that they dont have any work for you and you can sit on the empty table and chair laying in the corner from tomorrow or you can sit in quality department. 

Next day she did not go to office and put the mail to the top management (Indian Director and German Director), they did not reply her mail even she sent them three reminders. From that day she is not going to office and she is very much stressed and sick, which is not good for baby.

They had harassed her intentionally.

1. they had to inform her for appointment of another person on her place.

2. If her skill matrix are not matching then why they are transferring her to Mumbai, they can terminate her with a notice, but they were asking her to resign.

3. management did not reply her single mail.

4. For a working woman, they are saying to sit on a empty table and chair for 8 hrs and they are asking her to sit in quality department. this is completely type of harassment.

 

I want to know how can i put a case against them for harassment and you guys have copy of any judgements like this case.

 

Thanks.

gaurav1890@gmail.com



Learning

 8 Replies

Kumar Doab (FIN)     18 September 2014

 

Did she apply for leave by leave application and does she have acknowledgment and approval of leave?

Did she inform the company of pregnancy on record in writing under proper acknowledgment? She can do so now also claiming that she informed in office.

Does she have any evidence that she was asked to resign: audio/visual/written etc::::: she should build evidence.

She shall have to prove that transfer was malafide and shall need docs on record, hence download everything.

If she is not attending to office then company can/may declare her absconding/abstaining/absenting………………………………….charge for misconduct and terminate.

The instruction to sit idle in corner and face the wall is intended to cause ‘Embarrassment’ and force separation……………………………….so is transfer.

The employer can place replacement of employee during long leave so that work does not suffer……………………………however the employee has not lost the lien on position/employment.

 Has the doctor recorded stress, tension, etc in medical record and reasons for it in medical history/on card and prescribed some medicine?

The skill matrix was matching before leave and can not be a mismatch on the day she reported after leave………………………………………

All this shows vindictive and zealous mindset of superiors.

There are employees that remain composed and handle the situations effectively and there are many threads on similar matters e.g:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=106348&offset=1#.VBrMBZSSwb8

https://www.lawyersclubindia.com/experts/Discrimination-and-Work-place-Harassment-against-the-pregnant-women-in-a-public-ltd-company--403051.asp#.VBrMP5SSwb8

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=83100&offset=1#.VBrMlZSSwb8

 

During maternity employer is also under various obligations (legal)…………………

You may find the following threads relevant:

 

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN

 

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

 

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

 

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX

 

 

https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU

 

 

You can pick up relevant points.

 

It is suggested since a dispute has precipitated; she should approach an able Labor Law Consultant/Service Lawyer with all docs on record and let all representations be now drafted and structured by her lawyer.

Gaurav (AGM)     18 September 2014

She have copy of her sanctioned leave application. She had informed to company through mail about her pregnancy, when she complained to Directors about GM. She dont have any record about transfer was malafied. But it should be cleared from records of company. Because if any person was required at bombay then they might appoint a person on her place. Yes she have evidence for asking her resign. They had not terminated her and not communicated with her on her absconding. She has complainted at labor office and national commission of woman. During her exam of Ist year then she had also take leaves on alternative days and the work was not effected. Even the records which she was maintaining (like esic and epf complainces, labor and factory act complainces, preparation of salary & wages, record of contractors and others) always on time and there was no mistake. But this year, when she asked to New Management's GM for leave on alternative days, he asked her to take leave till completion of exam. It shkws that he was fully prepare to harass her. So sir can we lodge FIR against the management.

Gaurav (AGM)     18 September 2014

She have copy of her sanctioned leave application. She had informed to company through mail about her pregnancy, when she complained to Directors about GM. She dont have any record about transfer was malafied. But it should be cleared from records of company. Because if any person was required at bombay then they might appoint a person on her place. Yes she have evidence for asking her resign. They had not terminated her and not communicated with her on her absconding. She has complainted at labor office and national commission of woman. During her exam of Ist year then she had also take leaves on alternative days and the work was not effected. Even the records which she was maintaining (like esic and epf complainces, labor and factory act complainces, preparation of salary & wages, record of contractors and others) always on time and there was no mistake. But this year, when she asked to New Management's GM for leave on alternative days, he asked her to take leave till completion of exam. It shkws that he was fully prepare to harass her. So sir can we lodge FIR against the management.

Gaurav (AGM)     18 September 2014

She have copy of her sanctioned leave application. She had informed to company through mail about her pregnancy, when she complained to Directors about GM. She dont have any record about transfer was malafied. But it should be cleared from records of company. Because if any person was required at bombay then they might appoint a person on her place. Yes she have evidence for asking her resign. They had not terminated her and not communicated with her on her absconding. She has complainted at labor office and national commission of woman. During her exam of Ist year then she had also take leaves on alternative days and the work was not effected. Even the records which she was maintaining (like esic and epf complainces, labor and factory act complainces, preparation of salary & wages, record of contractors and others) always on time and there was no mistake. But this year, when she asked to New Management's GM for leave on alternative days, he asked her to take leave till completion of exam. It shkws that he was fully prepare to harass her. So sir can we lodge FIR against the management.

Gaurav (AGM)     18 September 2014

She have copy of her sanctioned leave application. She had informed to company through mail about her pregnancy, when she complained to Directors about GM. She dont have any record about transfer was malafied. But it should be cleared from records of company. Because if any person was required at bombay then they might appoint a person on her place. Yes she have evidence for asking her resign. They had not terminated her and not communicated with her on her absconding. She has complainted at labor office and national commission of woman. During her exam of Ist year then she had also take leaves on alternative days and the work was not effected. Even the records which she was maintaining (like esic and epf complainces, labor and factory act complainces, preparation of salary & wages, record of contractors and others) always on time and there was no mistake. But this year, when she asked to New Management's GM for leave on alternative days, he asked her to take leave till completion of exam. It shkws that he was fully prepare to harass her. So sir can we lodge FIR against the management.

Gaurav (AGM)     18 September 2014

She have copy of her sanctioned leave application. She had informed to company through mail about her pregnancy, when she complained to Directors about GM. She dont have any record about transfer was malafied. But it should be cleared from records of company. Because if any person was required at bombay then they might appoint a person on her place. Yes she have evidence for asking her resign. They had not terminated her and not communicated with her on her absconding. She has complainted at labor office and national commission of woman. During her exam of Ist year then she had also take leaves on alternative days and the work was not effected. Even the records which she was maintaining (like esic and epf complainces, labor and factory act complainces, preparation of salary & wages, record of contractors and others) always on time and there was no mistake. But this year, when she asked to New Management's GM for leave on alternative days, he asked her to take leave till completion of exam. It shkws that he was fully prepare to harass her. So sir can we lodge FIR against the management.

Gaurav (AGM)     18 September 2014

She have copy of her sanctioned leave application. She had informed to company through mail about her pregnancy, when she complained to Directors about GM. She dont have any record about transfer was malafied. But it should be cleared from records of company. Because if any person was required at bombay then they might appoint a person on her place. Yes she have evidence for asking her resign. They had not terminated her and not communicated with her on her absconding. She has complainted at labor office and national commission of woman. During her exam of Ist year then she had also take leaves on alternative days and the work was not effected. Even the records which she was maintaining (like esic and epf complainces, labor and factory act complainces, preparation of salary & wages, record of contractors and others) always on time and there was no mistake. But this year, when she asked to New Management's GM for leave on alternative days, he asked her to take leave till completion of exam. It shkws that he was fully prepare to harass her. So sir can we lodge FIR against the management.

Sudhir Kumar, Advocate (Advocate)     20 September 2014

I repeat what Mr Kumar Doab said

 

You can pick up relevant points.

 

It is suggested since a dispute has precipitated; she should approach an able Labor Law Consultant/Service Lawyer with all docs on record and let all representations be now drafted and structured by her lawyer.

 


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