Harassment during sick leave

 

You were on sick leave and you have been supplying the medical certificates and kept the reporting/sanctioning authority properly informed in writing.

 

 

 

 

 

You have not absented/abstained/absconded.

 

You should have recorded the threats and unprofessional conduct of your boss.

 

If the boss resorts to falsification of record you may demand to examine copy of your personnel file.

 

You shall find such bosses everywhere.

 

Employee should learn to handle the boss. It is a skill and can be acquired.

 

If you are a member of some trade union, and if there is ‘Works Committee’, Grievance Redressal Cell you can approach these too……………..

 

If at all you wish to resign you may join the duty and resign later and complete

the exit formalities under proper acknowledgment.

 

However it is your call and you may decide what suits you the most.

Sir, I have all the records in mails which clearly indicates that my boss along with HR officer has deliberately misrepresented me.

So what action can be taken against them legally?

An employer is responsible for harassment between co-workers, if the employer or its agents knew or should have known of the conduct and failed to take immediate and appropriate corrective action.

 

Download the standing orders applicable to the company (certified/Model) and extended to your designation, service rules, conduct and discipline rules, leave rules, HR policy……etc

 

 

 

Although you are of the opinion that your boss and HR officer have misrepresented you, it can not be ruled out that they might have obtained the concurrence from their superiors to proceed in the manner as in your case.

 

On line discussions have its own limitations.

 

Therefore it shall be appropriate to show all documents and records to the nearest competent and experienced labor consultant/service lawyer at your location, give inputs in writing and proceed under expert advice of your lawyer.

 

Your lawyer can structure your representations so as to suit your interest in the long run.

 

If you and you lawyers feel it as appropriate you may submit a carefully structured representation to good offices of your appointing authority, MD, Chairman, Company Secretary and point out the transgression by your boss and HR officer and seek redressal of your grievance………………….

 

You may demand to let you examine your personnel file.

If your establishment is under the purview of RTI you may follow this route as well.

 

Principle of natural justice should be followed by the establishment.

Employee can approach as per his coverage and eligibility various forums e.g;

Trade Unions, Works Committee, Grievance Redressal Cell, Escalation Matrix as in the company , O/o Labor Commissioner, Civil Court etc….

 

if you are treated unauthroised absence then there will be chargesheet followed by inquiry wherein you will be entitled to be defended through a serving or retired Govt servant of your choice (subject to CDA rules of PSU).

 

 

 

@Sudhir Kumar sir,

I have sent all the medical certificates on time. So how can my absence be treated as unauthorized? 

I repeat if you are treated unauthroised absence then there will be chargesheet followed by inquiry wherein you will be entitled to be defended through a serving or retired Govt servant of your choice (subject to CDA rules of PSU).