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Abhishek Jain (SSE)     27 October 2016

Harassment at workplace

I work in a private company which has offices in several cities in India. THe company is registered in Ireland.

The company is privately owned and the owner lives is not an Indian national

I have recently been reassigned to a new manager who works out of Italy. The new manager has a habit of speaking rudely and belittling me (and others as well) during conference calls. He tends to comment sarcastically on communication skills, personality, etc. The rudeness often crosses the line of what is expected in a corporate environment.

Recently he threatened some of us in a conference call (which had others in it) of 'seriuos consequences' if things are not done according to his guidelines. 

A large number of people agree that the manager is very rude and unpleasent to talk to.

I believe this tantamounts to harassment. What action can i take if i so desired (I am an Male Indian national)

thanks,

A



Learning

 8 Replies


(Guest)
Take white sheet. Write.. I hereby tender my resignation with immediate effect due to harassment meted out by so n so. Cc: Vigilance cell of your company. In absence of it, cc si jurisdiction police station. Formal written complaint against the person in jurisdiction police station. Or just resign show them.the finger n go.
1 Like

Akash Kapoor (Owner at Shramsamadhan India)     27 October 2016

Is your company a factory? or Is your company an industry ?

There can be many ways out here see https://www.shramsamadhan.com/ and decide whether it is a factory or an industry. 

If it is either of them you create a trade union or find a union that best suits your industry. THey cannot expel yo for joining a trade union. Then you can use collective bargain to remove that manager. 

If he emabarrases some one to a limit that can be addressed to as DEFAMATORY then you move to a police station.

If he terminates your job against the guidlines under Factories Act, industrial employment standing order or Shops and establishment act of your state. Approach your labor commissioner and complain.

If this helped like this reply.

 

1 Like

Abhishek Jain (SSE)     27 October 2016

@Akash Kapoor

I work in a software development MNC and comes under the IT industry.

I myself am a graduate from the top engineering college of this country. Just to add, i have been a celebrated employee with excellent year end performance reviews for the past 5 years.

@Gyan Prakash, We dont have a vigilance cell in my company (we have over 1000 emplyees in India and nearly 5000 worldwide)

 


(Guest)
They no longer require your services. U find some other job. Going labour court waste. You won't be able to prove any cruelty. Ulta they can sue u for not working properly hold ur benefits etc n ask u to pay money for losses incurred through u. Don't be an idiot here. Just move on.
1 Like

Kumar Doab (FIN)     28 October 2016

First Thing First: Record all such transactions, for use at appropriate time in appropriate forum, if the need be, even if you decide not to agitate.

Irrefutable evidence helps.

 

Also download evidence of your KRA's Vs performance and that never any stinker,memo,Show cause notice was issued to you and that you have never caused any loss.

 

Software Industry is covered by Shops & Estbs Act.

Many states have asked all companies to form GRC ( Greivance redressal Committee).

 

IT/ITeS companies have formed unions and have affilliated with trade uniosn and have doen a good job.

 

Get in touch and be properly informed.

 

 

1 Like

Kumar Doab (FIN)     28 October 2016

Madras HC stays(interim) TCS to terminate a women employee(a FITE Member); A ray of hope for many

 BY FITE ORGANIZATIONJANUARY 13, 2015PRESS RELEASE

 Not only for employment, but also for self-respect and justice

https://fite.org.in/2015/01/13/madras-hc-stays-tcs-to-terminate-a-women-employee-a-ray-of-hope-for-many/

 

The Karnataka Labour Department has ordered a US-based IT firm to compensate a woman employee on grounds of 'illegally' terminating her services without providing valid reasons and for allegedly causing harassment.

Under a notification issued by the Karnataka Government early this year, IT companies should inform the Labour Department about suspension, discharge, and termination of employees, among others.

 

https://www.news18.com/news/india/karnataka-labour-department-asks-us-it-firm-to-pay-rs-12-5-lakh-to-techie-for-sacking-her-724144.html

 

Kumar Doab (FIN)     28 October 2016

You may also go thru:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=143005&offset=2

and download citations,judgments etc

 

Approach a very able counsel specializing in Labor/Service matters.

 

1 Like

Kumar Doab (FIN)     28 October 2016

Of course if you are preturbed firm up your next venture ASAP.

 

However if the Manager  has turned vindictive and you are apprehensive, downlaod all evidence to defend your interest even after resignation for e.g; reference check/BGV, relieving documents, FnF.......etc etc

1 Like

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