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Sudheendra (Social worker )     26 March 2015

Workplace harassment

Dear Sir,

One of my friend was on medical leave following surgery for a total of 7 weeks and relevant medical documents were sent regularly for the same.

However, during the 5th week of leave, the employer chose to send a warning letter denying to provide any more leaves as per their HR policies and threatened to take disciplinary action if my friend did not show up to work the next day.

HR policies are not shared by the employer from the time of employment (1 year) but always claim whatever they say is HR policy and it is confidential.

HR and manager do not reply to the emails, if called, they are very rude over the phone and make excuses.

During medical leave, employer revoked email access through which my friend was able to send medical documents regularly.

Manager of the unit orally promises performance bonus but does not keep up to his words (2 quarters = 6 months).

Now that my friend is back to office and reported the issue to HR director (US), my friend was referred back to HR (India) on who the report has been made.

My friend was called for a meeting by the HR (India) and in the presence of 3 other (HRs) was questioned inappropriately and threatened consequences if my friend does not remain silent.

My friend was also forced to meet company lawyer who threatened that job will be in trouble incase my friend chose to further escalate the issue.

What to do now ...??? Please suggest ...

 

 

 

 



Learning

 5 Replies


(Guest)
dear shyam note it..... 1. Settle the matter if u have plane to work in this company n see yr career therein. 2. if yu cant, yu can send them the registered letter asking that yu have never been informed aount such policy as they must have yr acknowledgement over policy. 3. More yu can go to the court challangjng their policy, bonus policy, leave policy . For more help keep jn touch. Hasan
1 Like

Sudheendra (Social worker )     27 March 2015

Dear Sir,

Thank you for your kind responses.

The HRs in India and US along with managers have started called my friend for unscheduled and off the record meetings and forced my friend to drop the issue.

Even before approaching the court, my friend wants to make sure that all the possible internal escalation channels are exhausted while being unable to provide a solution.

In the mean time, is there anything my friend can do to protect the management from further harassment ...???

Kindly advice ...

Thank you sincerely ...

Kumar Doab (FIN)     29 March 2015

Your friend should ASAP approach an able labor Law consultant/Service matters Lawyer/law firm with all docs on record and let his counsel draft all representations now.

 

He should cover all calls made by him to him,all off record meetings, statement that their is an HR policy and it is confidential, blocking email access, threats to remain silent by HR/Line manager/lawyer.......................and must record all transactions (audio/visual/witnessed/minuted) etc.

 

If email access is blocked he can send by Redg. Post under acknowledgment and obtain POD from PO alongwith certified copy of runsheet of postman.

 

Termination during medical leave is always a bad order.

Has he minuted all transactions?

 

 

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     29 March 2015

The HR policy if affecting the employee, cannot be called as confidential, the management has to make its employees of all such rules which affect the employees. Such company's, if finds an employee is revolting will certainly resort to such unhealthy practices to suppress the uprise of the employees and their agitations.   You may consult a local lawyer and take further decisions.

1 Like

Sudheendra (Social worker )     01 April 2015

Dear Sir, 

Thank you all for your kind advice and I will be consulting an advocate to persuade the matter further. 

Thank you sincerely ...


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