Actions can be taken by employee if mentally harrased

While statutory rights form the basis for fair treatment in the workplace, your specific employee rights may vary slightly depending on the type of job you are hired to do and the arrangement you have with your employer along with a few other variables. Your exact rights at work will ultimately be derived from a combination of your statutory rights and your employment contract.

1. To Current Employer: Write atleast from personal email id that on dated……….Mr/Ms asked you to remain at home/work from home……….w.e.f dated;………

2.To Current Employer; Offer to tender notice pay in lieu of notice period

Or  

Request to waive off notice period

Or

Tender notice of resignation upto DOJ in next establishment and let current employer adjust notice pay for shortfall in notice period.

3.To next employer; ask to buy out notice period

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state?

Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions? 

Has the establishment issued acknowledgment and acceptance of notice of resignation/final resignation?

You must obtain acceptance of notice of resignation/final resignation, correct FnF statement, Form 16 of all years and last year as per correct FnF statement, salary slips of all months, PF a/c slips of all years, ESIC card, acknowledgment of handover of charge/assets, NOC/NDC etc etc.

You are welcome.

Originally posted by : Neal
	Hello, I have been asked to work from home for two months without any formal email communication. I have been isolated professionaly and socially in office. The opportunities coming in the way for me are also being scrapped without any formal communication. This has led to me to suffer a lot of mental stress and frustration. I have now received an offer from a new company, and I intend to leave this company for good. But as notice period is 3 months here, the hiring company is not agreeing to wait that long. Its stressful and demotivating for me to work like this. Is there any provision that I can get rid of the 3 month notice periods citing my emotional and frustration reasons. As an employees, what are the RIGHTS do I have in the law. Thanks, Neal

“The opportunities coming in the way for me are also being scrapped without any formal communication.”

What are these and how are these scrapped and by whom?

Can you establish it?

Keep the irrefutable evidences safely for use, if required, at any time, at an appropriate time in appropriate forum.

Apparently you have been asked to work from home to keep you away from workplace and access to any files/data/record/rules/policies/evidence………..

Originally posted by : Neal
	Hello, I have been asked to work from home for two months without any formal email communication. I have been isolated professionaly and socially in office. The opportunities coming in the way for me are also being scrapped without any formal communication. This has led to me to suffer a lot of mental stress and frustration. I have now received an offer from a new company, and I intend to leave this company for good. But as notice period is 3 months here, the hiring company is not agreeing to wait that long. Its stressful and demotivating for me to work like this. Is there any provision that I can get rid of the 3 month notice periods citing my emotional and frustration reasons. As an employees, what are the RIGHTS do I have in the law. Thanks, Neal

“The opportunities coming in the way for me are also being scrapped without any formal communication.”

What are these and how are these scrapped and by whom?

Can you establish it?

Keep the irrefutable evidences safely for use, if required, at any time, at an appropriate time in appropriate forum.

Apparently you have been asked to work from home to keep you away from workplace and access to any files/data/record/rules/policies/evidence………..

Usually in such cases the employer and even attorney’s of employer in HR/Line Managers have employer’s consent to allow the employee to exit on its own so as to avoid expected litigation.

Apply your own judgment, your skills and assess the situation and act to defend your interest.

If you are being given clean exit and relieving with clean BGV you may opt for it. Rake up any issue if you want, later.

It is one of the possibilities that the employer and even attorneys of employer may not allow you clean exit /BGV/relieving.

Therefore it is in your own interest to build some irrefutable evidence/record to defend your interest, later if required.

The notice period of 90days may not necessarily be applicable in your case.

If you reply pointwise to all points, further response can be made. 

Discuss with your elders of the family, competent and experienced well wishers, seasoned employee’s/trade union leaders near you and they can help you a lot.

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………

Discuss with your elders of the family, competent and experienced well wishers, seasoned employee’s/trade union leaders near you and they can help you a lot.

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………