What action lies against an IT company that supports a Male employee in a legal notice who sends rude emails to a female employee (copying others) and causes hurt, embarassment and mental agony to the female employee?
Malvika 09 July 2015
What action lies against an IT company that supports a Male employee in a legal notice who sends rude emails to a female employee (copying others) and causes hurt, embarassment and mental agony to the female employee?
saravanan s (legal advisor) 09 July 2015
organisations having strength of more than ten employees must form a high level committee to tackle these kind of harassment against women.if there is not one then you can file your grievance in the local committee
Malvika 09 July 2015
Saravanan - Thank you for your reply, but it is a small company with employees having direct contact with the Owner/Director and that has caused the HR's decision to be biassed. The Grievance Redressal's formation does not bar me from taking legal action under the provisions of the ID Act. Please provide inputs only on Legal remedies.
Kumar Doab (FIN) 09 July 2015
IT companies are covered by (Name of the state) Shops and Commercial Establishment Act also and Inspector appointed the Act can also be approached.
The lawyer that has examined the emails mentioned by you can advise you further.
Malvika 13 July 2015
@ Kumar Doab - Thank you for the very indepth reply. Doesn't 2(s) of ID Act cover up an IT Co. employee who is at entry level/non-managerial/non-supervisory level? I think it should if we look at SC Judgments.
Kumar Doab (FIN) 13 July 2015
2(s) of the Industrial Disputes Act were substituted by the Industrial Disputes (Amendment) Act , 1956
If you have something particular related to an Apprentice or a Trainee then let an able Labor Law Consultant/Service Matters Lawyer/Law firm dealing in Labor-Service matters guide you further on the strength of all documents on record and your inputs.
For your academic interest you may go thru:
Malvika 14 July 2015
@Doab - Thank You for your reply. How about the TCS case at Madras where a Software Engineer was recognized as a Workman under 2 (s)?
Kumar Doab (FIN) 14 July 2015
The Act and amendment are self explanatory.
IT companies and for that matter others too are known to write fancy designations and claim employee is not covered as 'Workman' as in ID Act and 'Employee' as in (Name of the state) Shops and Commercial Establishment Act.
However the counsels and courts can lift the veil.
How are you related with the matter?
You are from which side;Employee,Employer?
If you have something specific then let an able Labor Law Consultant/Service Matters Lawyer/Law firm dealing in Labor-Service matters guide you further on the strength of all documents on record and your inputs.
You may find other threads as useful:
https://www.lawyersclubindia.com/forum/Sexual-harassment-and-workplace-descirimination-123580.asp
https://www.lawyersclubindia.com/forum/details.asp?mod_id=106348&offset=2#.VaPhqbV-jMo
https://www.lawyersclubindia.com/forum/Sexual-and-mental-harassment-at-workplace-123845.asp
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