LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sourabh (BDM)     29 April 2013

Female employee harrasment

Hi All,

Firstly i would like to thank this portal as this gives public a forum to ask about there queries and get answers as per indian laws. My wife joined one insurance company 9 months ago. Since the date of joining her immediate reporting manager was trying to be partial and was disturbing her in some r the other way including using of foulf language. In the Month of January my wife concieved and this was immediatly informed to her immediate boss. He started creating more problems and in the month of March he asked her to write one resignaton based on performance , wherver her performance was hampered by him. My wife wrote one resignation letter and provided it to him without date. He raised that resignation in system on 1st april and issued a show cause notice to her. i replied to that showcause notice in the way mentioned below. I would like to know the legal way how i can take it further in the law of court. This mail is sent to all the superiors of the organization. I am not disclosing the nbame of the organization as it has a great market reputation and i dont want to highlight organization name because of individual employee.

My answer to showcause notice is as below.

 

Dear Sir/Ma'am, 

Firstly i would like to thank you for taking out some time and reviewing my peformance. I agree to the figures which is being provided in the letter. Wherver i would,like to drag your kind attention on certain factors which affected my performance. 

Before i raise my points i would like to make clear that i want to work with this prestigious organization. 

.I was forced to write a resignation lettter by my Immediate boss just to pressurise me . I had even discussed this with HR. 

I was harrased since it was disclosed that i am pregnent and this was again brought to HR kind attention twice but nothing concrete was done. Below are few points which i want to put in response to my performance

1. My Immediate reporting manager visited my home along with the training division trainer to meet my family members and complaint about my performance resulting in my parents asking questions and suspecting. 
2. My immediate manager called my husband complaining about me resulting in my married life getting affected. 
3. Trainer and my boss called both of my LA's and pressurised them unnecessarily resulting in Loosing my 2 Lacs business in hand. 
4. One of my LA name Sarveshwar who was having a great traction of business was loosen up by my boss, as both were entangled in some kind of dispute. 
5. My boss is having a biased stature resulting all the team members not staying for long in the organisation. 

6. My Boss asked me to provide my business to another colegue of mine which i denied completly and hence he asked me to place the resignation which was without date, date was asked to put later. 
7. My boss uses foul language like " you are shameless lady.You are unlucky for me and branch." and always targetted me. 
8. I have already informed about all the leaves well in advance to my immediate boss via email or sms. Which i can produce whenever it is required. 

9. There are few mail communications which i will forward. Would request you to kindly look into it. 

I agree that My ARSM had counselled me once but i didnt brought my disappointment with my immedate boss as i didnt wanted to be highlighted within organization. But this Showcause letter left me with no choice. I know i am putting a direct aligations to my senior but i beleive this organization have a transperent policy and women employees are taken best care , hence this mail. I am victim of daily harrasment which lead me to write this mail to you all. 

I was even targetted in daily meetings and being disrespected in front of all my collegues. 

I received a show cause notice for absence from services and my login was disabled wherver i was on emergency leave and proper mail communication was done between me and my boss( I will forward that mail as well). I brought this point to Local HR but she informed she can not do anything. When i escalated this issue i have come to know that local HR can resolve the login issue and she is not doing it willingly. I will forward that mail as well to you all. I have raised these points earlier but no action was taken hence now i am looping all the superiors and i have strong beleive that i will be heared here and will be provided justice. 


I would like to go for a detailed discussion with you all.Please help. 

Just to conclude here , i would like to work for this presitgious organization and want to beleive that my decision of working with this organization was not wrong and would like to prove my capability to you all. At this stage i am advised not to take any kind of stress as i am 4 month pregnent but i want to inform the top brass of my organization about how the female employee are treated at ground level . 

I would like to thank you again for taking time and reading my response.   
  
Below am forwarding you some mails, kindly go through it 
1 Emergency Leave ( Property Dispute) 
2 Show Cause for unauthorised absence from services 
3 Requesting for permission to leave office by six thirty



Learning

 4 Replies

Kumar Doab (FIN)     30 April 2013

 

 

Sourabh,

 

Our hunch is that you are a smart guy and you are putting your feet on the tail of employer of the lady who is your wife.

 

In today’s corporate world and especially in a market burdened with companies like private life insurance companies, selling pure garbage, a guy like you is the need of hour.

 

These companies operate with their own inherent wisdom and feel that if they do not indulge in such practices they shall become complacent.

 

 

Two tips for you:

 

  1. You need 7 guys to form a trade union. Form a trade union. Affiliate with a Trade union.

 

(Supreme Court of India has decided a manager above agents of Life Insurance Company is a workman.)

 

  1. Don’t underestimate the guts and extent of cunningness of such unscrupulous employers, and don’t lower your guard. You display slight weakness, emotion and you shall be exploited.

 

BE SMART.

 

 

 

You have posted that:

 

 

------“ in the month of March he asked her to write one resignaton based on performance’

 

Extracting resignation by applying force within company premises is offence and employee can lodge a criminal complaint.

In such eventuality the senior management may shun this boss and transfer the onus on him, make him scapegoat and save their skin.

 

Forced resignation is deemed termination. However such a complaint would be of civil nature and employer would be comfortable as there is no criminal liability and fear of imprisonment.

 

 In the captioned case employee is a female and a pregnant female.

The lady may approach women commission, Women police station as well.

It is imp. to extract a confession and apology in writing from offenders.

 

 

Maternity Benefit Act:

 

 

If any employer …………………discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. The Court may, however, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of the Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the Court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled hereto. {Section 21}

 

 

You may go thru similar threads on maternity benefit at following links:

 

 

 

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/Resignation-after-maternity-leave-79271.asp#.UX-cV6KAqWM

 

 

 

-------“ was disturbing her in some r the other way including using of foulf language. 

He raised that resignation in system on 1st april and issued a show cause notice to her.

3 Requesting for permission to leave office by six thirty

 

 

Use of foul language is offence. A lewd comment is s*xual harassment. There are laws for it.

 

Use of foul language offence at workplace makes employer a party. Employee should report to MD and make him a party. Employee should maintain he sounded the superiors and HR.

 

MD would rather put these buggers in oven than to get himself baked, in the heat.

 

Lady may withdraw the resignation, at once, even if by email.

 

Ask for investigation by cyber expert of your choice and by a Govt. Agency to declare who initiated from whose ID the resignation in on line resignation tool.

 

All offices are closed by 6.30pm. Why there is a need to seek permission to leave by 6.30pm.

 

All local offices of Private Life Insurance companies are covered under IESO Act/ Shops and Commercial Establishments Act.

Employee may demand in writing under acknowledgment the certified copy of Certified Standing Orders of the Company and affirm to pay reasonable cost for it say Rs.10/,

 

Employee may demand that company should state in writing that:

 

-IESO Act is applicable to it or not?

-It has got certified standing orders or not?

 

-Model standing orders are applicable to it or not?

 

The employer is duty bound to display the standing orders on notice board.

 

Any one and any body (including and other than employee) can apply to DLC (at the location of redg. office or the company) to get the certified copy of the certified or model standing orders applicable to company.

 

 

These companies have to register under local/state Shops and Commercial Establishments Act and have to display the registration certificate near entrance/ on Notice Board. This certificate/notice has to have opening and closing time.

 

Company must have stated the office hours in appointment letter.

If this boss has been retaining the employees beyond office hours by phone call, SMS, email etc lodge claim for OT in time.

 

You are in which state?

The HO/ Redg. office /corporate office of the company is in which state?

 

You can lodge a complaint with:

 

 Inspector under Shops and Commercial Establishments Act at your location.

 

-Labor Inspector in o/o Labor commissioner at your location.

 

-DLC/ALC in o/o Labor commissioner at your location.

 

 

 

--------If you can apply your resources you may get to see the copy of the emails by which this boss reported pregnancy of your wife and HR Head passed the orders to terminate the lady.

 

Once this boss is in the oven he would reveal everything.

 

 

In a similar case a Boss in Reliance passed such email trail………………….

 

 Valuable advice of learned experts/members is sought.


Attached File : 947375976 model%20standing%20orders.doc downloaded: 90 times
1 Like

Sourabh (BDM)     30 April 2013

Thanks a lot sir for replying this mail and guiding me to fight this legally, wherver i am not able to download the document which you have attached to your response .

 

 

Pls assist. You can mail me also @ sourabh.dwivedi@aol.in

Kumar Doab (FIN)     30 April 2013

 

Due to some technical glitch you are not able to access the attached file.

 

IESO Act (Industrial Employment Standing Orders Act), Model Standing Orders, Shops and Commercial Establishments Act, Maternity Benefit Act :::::::

 

contact details of

 

Inspector under Shops and Commercial Establishments Act, Labor Inspector/ALC/DLC in o/o Labor commissioner at your location/company’s location   

 

Might be available at Dept. of Labor website of your state and can also be downloaded thru Google.

(type Dept. of Labor ..............name of your state)

 

Has the lady withdrawn the resignation? (Do it before the company accepts it)

 

 

You have not mentioned: You are in which state?

The HO/ Redg. office /corporate office of the company is in which state?

 

Have you approached a lawyer, labor Inspectors etc????? (Do it as ap, show all docs, give inputs in person and proceed under expert advice of your lawyer. On line discussions have its own limitations.)

 

 

 

At any point to time if you wish to attach any document you may erase the names etc to maintain the confidentiality.


Attached File : 947418940 industrial employment standing orders ruels 1946.pdf, 947418940 maternity benefit act 1961.pdf downloaded: 77 times

Sudhir Kumar, Advocate (Advocate)     01 May 2013

well advised by Mr Kumar Doab as he has time andpatience to read long naratives.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query