shadab (n/a) 19 September 2007

Harassment

I am working in a manufacturing firm,my company has asked me to leave

as their old employee has joined back on the position i was taken in ,

on the first point i have felt betrayed now i have asked them that when i will leave i want my notice pay ,then they said we will not give me any penny.(on appointment letter there is 3 months notice period or 3 months notice pay)

Now i proposed them that i will leave on 6th of Oct. 2007,and will not ask any money from you as this kind of money is not needed by me.

As they have to wait for that much of time they have started harassing me

like shouting,screaming on me on a drop of a pin.

I want to retaliate as i cannot accept injustice done to me.

Can i sue them or please give me some tricks also where i can legally

take them to court and win the case also.

Thanks and Regards

Ms.Mahajan

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5 Replies

Prakash Yedhula (Lawyer) 19 September 2007

[font=""trebuchet ms""]Unfortunately there is no law at present in India to prevent bullying. Though several countries have enacted laws regarding maintenance of labour standards, legislation in India is long over due. See whether there is any code of conduct in your firm. Talk to your management and relolve the issue. See whether any Standing Orders have been formulated by your concern under Industrial Employment (Standing Orders) Act containing the means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants. If nothing is available lodge a FIR.[/font]

adv.ranchi (n/a) 19 September 2007

Ms. Mahajan,

From your name, it transpires that you are a female. Sorry if im wrong.

If at all the employees are harassing you, you could have them booked under Sexual harassment of females at Work Place. However, you will have to make out a strong case for the same.

Also, if it involves abusing, shouting or the like, you may also lodge FIR against them for Battery, Defamation, etc.

Do kindly contact an Advocate and reveal your exact details to him for proper assistance.

P.S. Please dont use law as a means of retaliation. Use only to safeguard yourself.

Regards,

Adv. Ashutosh

09431107887

Shambasiv (n/a) 19 September 2007

If it is against women, then I have a very useful presentation that I downloaded from human resources website. I have attached the same for you all

octavious (LAWYER) 08 October 2007

Hi,

Dont lose hope, if you wanna go for a case you may persue the same.

You can file a case under criminal intimdation, the chance of you wining this case is very rare, but your purpose of seeking revenge will be served, any case agianst the company, then the company personal will be in jail, as the company is legal entity and its director and managers are its representatives,

The company will try to file a reverse case against you, but the same can be rebutted by your lawyer, by stating that, the employer has had maximum time and power to manipulate any and all as he had been custodian of facts since the begning of trial.

I am not very sure, let others also express their views on the same, I am a amateur lawyer,

I personaly believe, two negative acts dont constitute a postive result.

Thank you
Octavious

Sudhir Kumar, Advocate (Advocate) 25 November 2011

dear expets, Pleaseread her query again thefact narrated by her do not in any way indicate even an iota of s*xual harassement. Why should we advise her to invent charges