Rahul Bhatnagar (Not needed) 25 August 2014

Mental harrasment and forceful resignation to avoid employee confirmation.

Hello there,

I have a query that i want expert opinion on. My wife is working in a small 40-50 size Pvt. firm in Gurgaon. She joined this company on 19th May, 2014 and was to be confirmed in about 2 months from her employment on 19th July. Through the initial month of service, she didnt face any issues being an HR & Admin executive with this firm but since her confirmation period came near, her immediate boss & the Director constantly harassed her mentally and rebuked her nearly every day. She was pulled over numerous times on issues that she wasnt a part of, nor was responsible for and was threatened nearly three times to resign/ terminate.

Finally around 19th July she was told that the company didnt find her services satisfactory and would like her to resign to which my wife contested and was told to continue working until she finds a new job. Whereas in August (25th Aug) she was again pulled into a conference room and rebuked/ harassed and forced to agree to mistakes that she didnt even commit or was a part of. The language she was talked in was of very low stature and my wife decided to resign with immediate effect from the company.

The whole set of events clearly qualify as a case of Mental Harassment as my wife was harassed for this whole period and was told to continue from July to August only because her immediate boss was out of India for an assignment and had no other backup. My wife even reported the same case happening with another lady in her office as there are primarily 2 seniors who talk in a disgraced language & by no means are people of standard per-se. If there is a mistake or a fault a company should give adequate guidance to rectify the problem than threatening to terminate/ talking double standards and potraying as if the perfect world exists only at their end.

Seeing the score of events that have happened since July till now, i need guidance on how to file a case of Mental harassment on this company on my wife's behalf as-well as what is the procedure/ what are the guidelines/ what qualifies as a case of Mental harassment.

Thanks,

Rahul Bhatnagar (Gurgaon).

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2 Replies

Kumar Doab (FIN) 25 August 2014

The onus to prove the charge shall be on the female employee.

Does she want to claim that her modesty was touched?

Does she have evidence (audio/visual) or would her colleagues stand as irrefutable witness?

Forced resignation in itself is offence.

Has she stated in resignation that it amd admission of mistakes was demanded and extracted from her forcibly?

The admission of mistakes has probably been extracted to postpone/extend the probation/confirmation of employment.

Has her resignation been accepted? If NO she can withdraw it.

Has the company made any deduction of wages?

In Haryana the standing orders would apply if establishment employs 50 or more employees.

The conduct of the company might be in violation of standing orders.

Such companies should be covered by Punjab Shops and Commercial Establishments Act (Haryana follow it and latest version should be available on website of dept. of labor):

You may go thru:

Sec: 2(iv,vi,vii, xvi, xxvii,),3,7,12,16,17,22,23,30,

And

Punjab Shops and Commercial Establishments Rules

Is she a member of employee’s unions/trade unions/women employee’s unions?

The unions in Haryana have traditionally been strong and know precise ways to drill sense into the heads.

For filing Mental Harassment and/or Monetary Compensation complaint visit a competent and experienced Lawyer in person with all details and record.