Mental harassment at work

You can demand advance or imp rest cash since you have to travel at a short notice and attend to emergencies. You can politely ask your boss to undertake the expenses of the tour and you shall accompany and assist him, if he faces any difficulty in repair.

Be polite, gentle and amiable.

Record the incidences of threat, abuse, and coercion. You may need it.

You can demand overtime if you have been made to work beyond your duty hours. You should have record, and evidence to prove it.

Many companies designate employees as executives/managers to deny overtime but labor act shall decide.

You can not be compelled to work on Sundays/Govt./gazetted holidays. Company can be punished shall have to pay you double wages. Elders in your family, experienced and competent persons known to the family, and our lawyer can help you on this and help you claim overtime and held up money.

The reporting authority of your boss has not helped you to fetch relief. He has also asked you to resign.

You can escalate to your appointing authority, MD, Head-HR, Company secretary. Since your company is Ltd , they may have a grievance redressal mechanism, you can escalate to them also. You should be able to defend your self in case of inquiry.

 You must have gained enough experience and competence. You can try for better designation and remuneration. Let them suffer in your absence.

 You can complain to labor authorities and this should solve your problem. Kindly think logically with a cool mind to diffuse the situation and show your documents and take the help from elders in the family, or your lawyer/law firm.

Dear sir,

thanks for the reply... but here is something else thats going in a worng direction.

As you said , I have politely and softly spoke to my boss and the circle head and explained the situation and my circle head got it some what sorted out. But again as soon as I got out of the chamber of the circle head and went back to work, My immediate boss again summoned me and told me that I have sent an Email regarding putting your salary on Hold till the time you dont write an apology letter to me my senior and the upper boss.

I was like.... shocked.... !!!!  Why is he now creating such situation when the talks are done. He is keep on putting me on the verge of explosion and depression.  He knew very well that i have no money right now and if he put the salary on hold then it would be a disaster for me.

Sir, what kind of cases that i can put against him..... can I sue him for what he is doing with me or can i file an FIR against him.

 

sir please help me out in this situation... please

 

thanks 

Your immediate and top most concern is your salary/funds.

The best solution is to be smart and, manage the situation, with your abilities: situational management,negotiation, flexibility, ability to sustain even in adverse circumstances.

You have posted that your circle head has somewhat sorted out the matter. Take help and resolve the matter again. Reconcile with your boss, and diffuse the situation. Let each one hug each other and forget everything without any heartburn. He might and he might not have sent the mail. Your circle head can send another mail superseding the mail of your boss. This shall take away the pressure and depression.

Kai bar salaami zara labmi deni hi parti hai.

You have mentioned that your boss is also under debt. He also needs job and can be in trouble in case of a complaint. May be that everyone in the company is under pressure and is spending from own pocket on official expenses. You need your boss to pass your expenses, even if you leave the company. Once the situation is diffused, explain that you are not in a position to spend any more, and ask for some advance. Your boss and his boss can help you to get some.

If he has written to put your salary on hold, then your salary should not have been disbursed to you, on the usual day of credit of salary, and you may instead get a show cause notice. You can lodge a query to the concerned dept, for non receipt of salary.

If you have done nothing wrong, then you do not owe an apology in writing.

It is a usual tactics to make employee accountable before company since it is felt that in such circumstances employee can escalate the complaint to HO, MD, Company Secretary, and Head-HR. It is also possible that your boss and his boss have united and/ or HR also. Your weak points/hot buttons are being pressed. They probably know that you can not sustain.

Be smart, do not get bogged down by the situation, and choose the most suitable option:

- Reconcile the matter. Get another job, with better company at better position and better remuneration. And settle your a/c with the company.

-Lodge a complaint with the company and try and seek help and redressal. You may get one or you may not.

- If nothing works, seek help, from elders in the family, competent and experienced people known to the family, labor consultant/lawyer/law firm, and lodge a complaint with labor authorities.

The process is simple, and you can represent on your own or thru a representative.

Dear Sir,

I'm working with an education institute in new delhi for last 11 months, & i more offent face thiis problem by my accountant that he use to talk rubish on your face and we have to listen it as he is working in the org. for the last 8 yrs, so even the chairman don't bothers himself to step in the matter to stop this. the point is the intier institute is having female staff to an extent of 70% , still the top management is least bothered to take action about it. Every bodady in the campus has tried ever type of complane to every management personal with the authorithh to talk & take action  in this regards.

He also use to cut the salary of the employee including me issues like "why have you taken a compensatory off on a week day" & even on the issue as Small as a mistake in filling the date of leave in the application form, drinking tea in your department, having lunch on your desk etc

Sir please guide me wher can I can file a complant in this regards, so that I could get some action on it.

Regards

Kindly check if your establishment is registered under SE Act of the state. If registered the certificate of registration might be at the gate. Yu may also check if standing orders are applicable. The provisions as in case of Delhi are given below.

Visit a competent and experienced labor consultant/service lawyer and show the appointment letter, HR policy, service rule book, employee rule book etc which might be kept on HR page/employee portal or a hard copy might have been circulated, and give inputs on your nature of duties, imp. Circulars of the company and your lawyer may opine that you fall within the category of a workman or not and accordingly the appropriate forum for you to agitate.

Kindly check if your establishment has framed its standing orders.

The verbal complaints have not fetched any relief to any employee. The matter may be put up in writing to good offices of employer. As majority of the employees have complained and are fed up, shall be better if all of you should join hands and be witness to each other. You can also approach some trade union and they know how to deal with peculiar situation expressed by you.

The employees can record {audio/visual. Mobile comes handy} the incidences of loose talk/rude conduct/uncivilized behavior/ coercion for deductions and use it at appropriate time in appropriate forum.

This accountant has attained vintage as he is saving good money for promoters by levying deductions and the conduct id subdue the employees and all these years no employee has complained and agitated with lawful authorities.

The process and rules of for deduction of wages and its accounting are explained in SE Act and Payment of Wages Act and are given below and attached.

The company is duty bound to maintain and submit records. The smart Inspectors and well informed and strong willed employees may be able to trap the employer.

 

 

        SCHEDULE I

[1][MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING

INDUSTRIAL ESTABLISHMENTS IN COAL MINES]

 

15.  Complaints.--All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.

 

 

MODEL STANDING ORDERS

 

ACCORDING TO THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS)

ACT - 1946 AND RULES MADE THEREUNDER

19.          RE-FERSINCE OF INDIVIDUAL DISPUTE TO GRIEVANCE SETTLEMENT AUTHORITY: -

 

(i)         The Grievance Settlement Authority consisting of representatives of workmen as well as representatives of the employer shall be constituted in consultation with the members of the workmen.

 

(ii)  That such Grievance Settlement Authority will consist of equal number of representatives of Employers and Employees and Chairman to be nominated by Members of Grievance Settlement Authority Committee themselves.

 

 

(8)  “employer”   means   the       owner    of  any   establishment   about     the   business   of   which persons are employed, and where the business of such establishment is not directly managed by the owner, means the manager, agent or representative of such owner in the said business;

20. Deductions which may be made from wages.—(1) The wages of an employed person

shall be paid to him without deduction of any kind except those specified in sub-section (2).

     Explanation.—Every payment made by the employed person to the employer or his agent or the manager shall for the purpose of this Act be deemed to be a deduction from wages.

     (2) Deduction from the wages of an employee shall be of one or more of the following kinds

namely:—

(i)                  Fines;

(3) Any employer desiring to impose a fine on an employed person or to make a deduction for

damage   or   loss   caused   by   him   shall   explain   to   him   personally   and   also   in   writing   the   act   or omission   or   the   damage   or   loss,   in   respect   of   which   the  fine   or   deduction   is   proposed   to   be imposed or made, and give him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him.

     (4) The amount of fine or deduction mentioned in sub-section (3) shall be such as may be specified by the Government. All such deductions and realisations thereof shall be recorded in a register maintained in a form as may be prescribed.

     (5) The amount of fine imposed under sub-section (3) shall be utilised in accordance with the directions of the Government.

(6) Nothing in this section shall be deemed to affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

THE PAYMENT OF WAGES ACT, 1936

Deductions which may be made from wages.

 

       7. Deductions   which may   be made from wages.

 

-(1) Notwithstanding  the provisions of sub-section (2) of section 47 of the Indian Railways  Act, 1890   (9 of 1890), the wages of an employed person shall be paid

 to him   without deductions    of any   kind except those authorised by or

 under this Act.

 

       1*[Explanation I].--Every    payment made by the employed person to

 the employer   or his   agent shall,    for the  purposes of    this Act, be

 deemed to be a deduction from wages.

(2) Deductions from the wages of an employed person shall be made

 only in   accordance with the provisions of this Act, and may be of the

 following kinds only, namely:--

 

(a)    fines;

8.

 

 Fines.

 

       8. Fines.   (1) No  fine shall    be imposed   on any employed person

 save in   respect of   such acts   and   omissions   on  his   part  as   the

 employer, with the previous approval of the State Government or of the

 prescribed authority,    may have   specified by notice under sub-section

 (2).

 

       (2)  A  notice   specifying   such   acts  and   omissions   shall   be

 exhibited in   the prescribed    manner on   the   premises   in  which   the

 employment is    carried on   or in  the case   of person    employed upon a

 railway (otherwise    than in   a factory),   at the   prescribed place    or

 places.

 

       (3) No  fine shall be imposed on any employed person until he has

 been given   an opportunity    of showing   cause   against   the  fine,   or

 otherwise than    in accordance with such procedure as may be prescribed

 for the imposition of fines.

 

       (4) The  total amount    of fine   which may   be imposed   in any one

 wage-period on any employed person shall not exceed an amount equal to

 1*[three per   cent.] of   the wages    payable to   him in respect of that

 wage-period.

 

       (5) No  fine shall be imposed on any employed person who is under

 the age of fifteen years.

 

       (6) No  fine imposed    on any  employed person    shall be recovered

 from him by instalments or after the expiry of sixty days from the day

 on which it was imposed.

 

       (7) Every fine shall be deemed to have been imposed on the day of

 the act or omission in respect of which it was imposed.

 

       (8) All fines and all realisations thereof shall be recorded in a

 register to be kept by the person responsible for the payment of wages

 

{There is a provision for claims }

15.

 

 Claims arising  out of  deductions from  wages or  delay in payment ofwages and

 penalty for malicious or vexatious claims.

 

All of you can complain to Employer and Manager. If you have formed a union, IC, Guild it can act on behalf of all aggrieved employees. You can also approach good offices of Appointing Authority, MD, Chairman, and Company Secretary.

For deductions and fines: you can complain to Inspector under SE Act, Wages Inspector under Payments of Wages Act.

Does the accountant/employer/company show deductions made in salary slip?

--"why have you taken a compensatory off on a week day"

Which days this accountant/employer/company allows for compensatory off?

Is there any policy circulated and supplied on it?

The Labor authorities can take suo mottu notice of such situation.

 

--“ even on the issue as Small as a mistake in filling the date of leave in the application form,”

This is strange. Does he returns the leave application and issues reprimands for this kind of error? Does he decline leave?

“ drinking tea in your department, having lunch on your desk etc”

Has the company circulated, supplied, and displayed/pasted such policy?

You can also avoid it.

Please note that employee should remain amiable and handle the situation tactfully. The employers are known to become vindictive, adamant and recalcitrant.

Hello Sir Kumar,

 

You have already helped me in my case wherein you gave your valuable advice how to tackle the case of termination within 3 months of services.

Now the scenario is that my reporting boss has been torturing me constantly, trying her level best to break my silence, try my patience, so that I resign immediately. Whenever I go out to meet any client or a broker for fresh business, she keeps telling me, "Get a business card from the customer or the broker. Let me talk to the person over the phone". She does all this just to cross check whether I am out on official purpose or (as she doubts) on personal work. I know this very well that these last few days in November is the last resort for me to achieve the assigned target of 30 lacs, which, if I fail to achieve, I need to resign (as per the written declaration already taken from me after much mental trauma). I cannot forget my duties and run here and there. She has insulted me many times infront of her team of executives, which, for me, being the Asst. General Manager, is a metter of utter shame and humiliation. She has never instructed anyone in the team to get a business card from client or has never insisted on apeaking to the customer over phone. All this she says only to me!

 

I had been allotted a sitting place, which is also being shared by the accounts department. Now, she wants me to get deprived of that place also. She had sent me the instruction through the HR stating that I should sit in the cubiles outside since the accounts department were doing some audit that time. Before this nobody had any problem with my sitting there and doing the followups and other day to day works, now all this. What is happening, as a result, is, that I am getting deprived of mental peace and at the same time am being humiliated before juniors.

 

Sir, can I do something legally against the Geberal Manager, who has been torturing me like this. Kindly advise.

 

Thanking you,

 

Hena Anwar

Pls continue in thread intiated by you.

https://www.lawyersclubindia.com/forum/Termination-within-3months-of-employment-68922.asp#.UKeehe8yzvo

 

Discussion > Labour & Service Law > Employment > Termination within 3months of employment

well elaborated in details by Mr Kumar Doab

Hello sir,

 

i working in a company from past four months i m working along with MD of the company every thing was fine until the director (md's wife) has started commenting me each time

i this ofc other people also work if they do any mistake still  she keep commenting on me and if i made any mistake i cant tell u i feel like should be dead i m going through depression cos of this and i cant leave job like that 

please help me the best way possible to help me 

hello sir i am working in a college as faculty on contract basis. Our director told me to do his personal work which is related to one of case against him. i have his call record. When i dint obey him he has terminated me. in his recording he threatened me that he will terminate me otherwise if i will not do his work. legally what action can i take against him please give me suggestion. is there any organization in India who help employee in such cases . Or where i can file a complain.