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gaurav   05 April 2017

Mental harassment by private company senior employees

Hii I am writing this mail behalf on one of female friend.She has been working with Private company company since july 2015.This year in Jan she got his appraisal by giving rating 4 where 1 is good and 5 is worst.While she has been asked that she will get rating 3.When she talked to her manager on that he admitted that she doesn't deserve that rating she deserves 3 rating but somehow she has been given.When she asked about her weakness then he admitted she was very sincere in her job while someone else deserved that rating but she has been given.Due to this she got little bit depressed.Additionally she has been suffering of depression disease.Due to this rating issue problem got worst.When she visited to her Dr.who was a pshyconeurologist. he asked to do rest for 21 days.But he didn't given it in writing.Accordingly she informed to his manager and HR persons through mails about her absence.Then one of HR asked her to submit medical proof otherwise she(HR Girl) will do absconding process against her.While the company doesn't have such kind of policy to submit any medical proof in between the medical leaves.HR girl started harassing through call and mails but no one was not stopping her who were involved in that mail trail. When she tried to include the director of the company every one threatened her not to involve the director.Still she didn't agree she involved him.The Director of the company handed over this matter to an another HR person who was totally biased who was supporting the other person he scolded her in front of everyone.She felt insulted.when she called me with crying i called up the police.According the police matter doesn't belong to them.Still they call a legal person of their company.He rushed to director and told everything .Director formed an another team to look into this matter.When report was submitted them all were found guilty in this matter. And assured that they will take strict actions but didn't tell her what actions will be taken.She wants to know what actions have been taken against all those people.What she should do now for judgement?


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 9 Replies

Aman Saini   06 April 2017

Brother, this incident happens in many corporates but many a times no one comes in front as that person knows that this incident can put him/her in trouble for other future jobs.  

I appreciate your gutts and belive me everybody is afraid of law.  You just do what your heart says.

1 Like

gaurav   08 April 2017

Dear Aman 

I have a faith in indian constitution and one more indian constitution doesn't allow any conroprate or any individual to harass someone either mentally or physically.We lodged an FIR while police was saying that its not their matter when we put this matter on twitter adding all senior persons like CM,IG and DIG then police asked us to give in writting.Police invsetigated the matter and asked my friend that company give warning letter to one of them.yesterday she came to know that company has asked the other cuplrits to give resign.We are not stopping here we will go to court against company for compesation as well and will try to set an example.:) Searching some good advocate 

Ritesh Maity (Labour Law Advocate)     09 April 2017

Police can only take action against any criminal act. Not giving proper rating/ increment/ salary etc. does not come under the purview of criminal act and hence police has nothing much to do. 

Documents such as appointment letter, warning letter, complaint letter, FIR and any other transactions that made between the employee and the company or anyone else related to the matter along with medical documents needs to be studied first.

1 Like

gaurav   09 April 2017

Yeah company has given in writting that people were found guilty and submitted to copy to the police station.She has all the proofs along with mails ,audio meeting etc.

gaurav   09 April 2017

She has everything in writing 

Ritesh Maity (Labour Law Advocate)     09 April 2017

Without seeing those documents, it is difficult to advice further. Since you are also planning to take legal actions, better to show those documents to your advocate and decide the next course of action.

Kumar Doab (FIN)     10 April 2017

I appreciate your resolve.

Approach a very able local counsel specializing in Labor/service matters, at your location, with all evidences that you have for a considered opinion.

“When report was submitted them all were found guilty in this matter…………………………… Police invsetigated the matter and asked my friend that company give warning letter to one of them.

This report, warning letter is with you?

Kumar Doab (FIN)     10 April 2017

“yesterday she came to know that company has asked the other cuplrits to give resign.”

 

Company could keep its slate clean by Domestic Inquiry and Termination.

“We are not stopping here we will go to court against company for compesation as well and will try to set an example.:) Searching some good advocate”

 

Approach a very able local counsel specializing in Labor/service matters with all evidences that you have for a considered opinion.

It is altogether different field of law and in each city there are a few counsels that specialize in it.

 

You may succeed to get damages.

You could have involved: Inspector appointed under Shops & Estbs Act/Labor Inspector (State/Central) as applicable in your case/Higher officials of Dept. of Labor………..

They would have acquired all copies of all actions etc taken by employer and you could have availed it from them.

 

Puruse RTI route thru police also and try to get copies.

These can be handy for you.

AK   21 October 2017

Hello, My team of 6-7 people facing mental harassment due to one of reporting authority.No one is daring to complaint as the person is closely associated with a political party.He threatens to use power to throw everyone out of company and also harm them personally.I feel bad for everyone.Need some help what should we do?

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