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chirandeep (COnsultnant)     04 October 2012

Political games at workplace

Hi,

im wrking with a big mnc in kolkata..it an ITES company. I am working as a consultant for the last 1.2 years. I have an experience of 7+ years.

My workplace was pretty cool until an incident happened 10 days back. 3 months a new team leader was appointed for our team. This person otherwise is very arrogant and often used slangs on the floor..however i didnt raise any voice. on 24th  sep there was an issue where an email clarification was required from our end, whereby the TL wasnt satisfied. He then came suddnly and shouted in front of everyone and terming me and my colleague as an asshole to begin with in public. We politely asked him not to use this word, but he cntinued stating that we come from a cowshed and we have cowdungs in our head. We quielty listened and gave our arguement for the email issue which was later issued.

Since I couldnt take it...i took a leave the next day and came day after...i had by then decided to shoot an email to the HR stating the issue. On wednesday i sent the email and on wed eve the tl called for a team meeting and pointed us out in frn of our team and projected the emails on projector. We again felt insulted and sent a second email on thrsdy....to this the HR responded and told us hat they r looking into it and will wait till 2nd oct since the operations manager was on a leave. we waited till 2nd and in the meantime had a word with our ops manager/operations HR on fone and they asked us to wait. The ops manager came back and had a word with everyone. Surprisingly on 28th sep a group of individuals (who are very dear frnds/colleagues of my team leader) had shot an email againts us stating that we had abused him while these people tried to make us understand that these issues happen on floor (me and my colleague were just shocked since we didnt even take a break a together on 28th sep and didnt even have a word with these set of individuals....and we were keeping to ourselves as instructed by the HR). Now what can we do since a new story is being concocted which is a COMPLETE LIE. The ops manager now says it will be under investigation by the HR....

 

How can i proceed legally on this matter since i feel I have been harassed badly and being harassed just because im keeping silent.

Chirandeep



 10 Replies

Sanjeev (Lawyer)     04 October 2012

This is a official matter and no legal action lies in this case further there is no action by the company against you for which you may resort to any legal action 

Rahul Kapoor (Legal Enthusiast)     05 October 2012

you can file a defamation case only if--

1. you got affected in monetary terms.

2. if by that insult u r having some loss to your reputation which then lead to monetary loss.

all that is imp that u must b affected. 

chirandeep (COnsultnant)     05 October 2012

I am going through tremendous humiliation, mental trauma, loss of sleep and now people are targeting 2 of us by creating new stories...isnt it enough?..I have data and facts with me which prove that I am right...but the management is just asking to wait and they are doing their job.

Rahul Kapoor (Legal Enthusiast)     05 October 2012

are they threating you to life?

chirandeep (COnsultnant)     05 October 2012

No.till now life threat has not been given..But I am being victimised and this will affect my annual reviews..hence my Hike.

Rahul Kapoor (Legal Enthusiast)     05 October 2012

i think you should resolve the matter with them. the case might fall within sec 499 IPC but u have to prove beyond resonable doubt. its very hard to prove such allegation in the court of law. so i think you should take a step forward to resolve the matter with the management.

Kumar Doab (FIN)     05 October 2012

If company is investigating it must have obtained statements on record.

Majority of IT comapnies have CCTC coverage on work floors.Company may go thru footage.

If you have it you are safe.

It is against the unwritten rules to grant examplary punishment to a senior official.

This boss is in company because there is a place and requirement for such bosses who have mastered the art of stepping on the toes of juniors/reportees.

 

It seems it is time to look out and firm up your next venture with a company with good HR practices at better position, better remuneration and let this company suffer due to your exit.

chirandeep (COnsultnant)     05 October 2012

No Company suffers because of someone's exist....The show will always go on. Yes, I have requested for CCTV footages and also I have offered to provide data from my end which proves my innocence. I am waiting for the details of those reports. Further, my concern is the delay that is being caused and make realise people who are REALLY guilty. I am fighting for justice.

Kumar Doab (FIN)     05 October 2012

Your resolve is appreciable.

The following is heartfelt opinion and that you are within your rights to fight for your dignity.

“He then came suddnly and shouted in front of everyone and terming me and my colleague as an asshole to begin with in public.”

He has abused and that too in public. The company by now should have lodged police complaint. All drama is to subdue the aggrieved party and block complaint.

“We politely asked him not to use this word, but he cntinued stating that we come from a cowshed and we have cowdungs in our head.”

The remarks are derogatory and the language is not civilized.

“(me and my colleague were just shocked since we didnt even take a break a together on 28th sep and didnt even have a word with these set of individuals....and we were keeping to ourselves as instructed by the HR).”

CCTV footage shall prove this.

 

IT/ITES/SME are granted various exemptions by state governments from labor laws.

As per soft copy of attached ITES policy of West Bengal it is felt that employers are not granted blanket/major exemption as in case of some other states.

 

Sec 9C ID Act{ Gazette Encl}:

Employers should form Grievance Redressal Mechanism {GRM}/Committee having equal number of members from employees and employer and President should be on rotation from employees and employer each year on rotation. The committee should resolve the grievance in a month. Aggrieved employee can approach employer if dissatisfied and employer has to resolve in a month with copy of decision in writing to workman.

 

 

ITES Policy West Bengal:

 

  1. Procedures under existing labour laws simplified to ensure smooth operations.

1.1.All ITES companies are granted the status of ‘Public Utility Service’ providers

        under  the  Industrial  Disputes Act,  1947. The  maj ority  of  employees  in  ITES organisations   are  outside  the  purview    of  the  ‘blue-collared worker ’   class.   

 

{All employees are not kept outside the purview of ID Act.}

         Self-certification allowed for ITES companies on various acts.

3.  ITES     companies     awarded     special   status   under    various    acts   to improve infrastructure availability.

B. Fiscal incentives for ITES investors

Karnataka has ended the ecemptions.You may check for your state.

The drama by coterie of managers shall continue. Tarde union are quite strong in WB. If you feel you can approach them.They have thier way of drilling the sense into heads of such bosses. Example is Pharma Sector.

UNITES Professionals

is said to be the premium union for IT personnel.

You may speak to them. They may be in a position to mediate or help you.

If you are not satisfied with HR you may approach good offices of appointing authority, MD, Chairman, Company Secretary, for vindictiveness, victimization, by zealous managers.


Attached File : 740006211 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc, 740006211 west bengal itespolicy.pdf, 740006211 sec 9c id act gazette notification 9-iv-4.pdf downloaded: 147 times

K.K.Ganguly (Advocate)     06 October 2012

There is no legal issue up till now. Try to settle it or damages will be caused to both the parties.


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