NK SUNDARAM
International Corporate Trainer / Hr (od)
Kamalkantps
Advocate
Sunita Meena
Hr Professional
Meenu27
Manager-hr
Cite Contribution
Community Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Anita P Panicker
Sr Hr Executive
K C S Kutty
Labour Laws
Vivaek
Hr Manager
SophiaHills
Recruiter

Dear All,
I need to seek help for an unfortunate incident experienced by my young friend.
The girl was subjected to verbal harassment via sms by his boss.
She took the courage and complaint against the manager to the HR and asked for a release from the project.
She stopped going to office for two months for hoping she would get the release from project
But the her HR went on maternity leave and when the new HR had come , She did not listen and asked this poor girl to resign.
Under pressure she resigned.
But want to fight back her case and stop her career from being damaged , pls help
Thanks

From India, Mumbai
If its not too late to ask, did she document her communication with HR ? I am certain our mentors and legal experts will see far more into this issue.
From India, Mumbai
Was this communication with HR through mails or verbal? Offcourse She can fight back if she has things documented and also the notification of the non-present to the work/office.
From India, Indore
Hi,
Sorry to say but don't you think your friend waited too long. You say she was at home for 2 month, she should have very well corresponded with the higher up's, instead of sitting at home. Just hope she has some proof of communication, so that she can take some legal action. Please go through the link furnished below, hope it is useful
Labour Law - The contract of employment <link updated to site home> ( Search On Cite | Search On Google )
Regards
Anita

From India, Mumbai
Hello Suriconnect,

Further to what (Cite Contribution) & Akhilesh Dubey have mentioned about your friend's interaction with HR being in-writing/mails, pl also clarify/confirm IF she has saved the SMSs that she says she got from her Boss.

If she has, she has another avenue to take-up the issue--Police. With the recent countrywide happenings, the focus on such situations has heightened a lot. BUT, she needs to have evidence...at least the basic ones. Once she can prove it to an extent [for the Police to register a complaint], the Police have a right to dig-in the rest of the Mails/SMSs [that she got from the boss] from the Service Provider.

But there are a FEW JARRING NOTES in what you mentioned.

Why does she have to STOP going to work for 2 months to enforce her shift from the project? This DOESN'T JELL with the rest of the details you mentioned. There's something missing here.

The very fact that she doesn't even know that the earlier HR went on ML [which is usually well-planned in any organization] surely proves that she didn't make even the basic efforts to 'stay-in-touch' with HR.

Your mention about 'stop her career from being damaged' seems a bit out-of-context [UNLESS there's something else more to it].

How is her career being damaged? If she has resigned, she would have got her Relieving & Experience Letters--which I presume would be 'clean' & NOT include any terminology usually associated with Terminations. This CAN lead someone to make 'unpleasant' conclusions.

All she will need to focus on is to look for another job now.

Pl give the COMPLETE inputs for the members to suggest realistically.

Rgds,

TS

From India, Hyderabad
See,.. we are not doctors or lawyers .. we are just HR professionals. However, to make us understand clearly the problem, you have to explain the matter in detail. Withholding important information will get you only half-baked advice or suggestions. There are Cells or Fora to fight such discrimination cases but you have to convey the case properly with facts, documentary evidence etc. Only then there will be some likelihood of getting justice.
From India
Dear Suriconnect,
yes she can fight back. Please elaborate the incident a little. If it was a saxual harrasment case she can not only sue the company but also can set an example for others that girls are not a toy and they also need to be treated with full dignity and respect. It is some pathetic coworkers who spoils the work environment and those should be dealtwith suitably. If she has the sms till now i would like to suggest her to take the legal path and teach him a lesson.

From India, New Delhi
The post starts as follows. The girl was subjected to verbal harassment via sms by his boss. So it was a voice SMS, I think. If it is now available in the mobile action can be taken.
From India, Madras
Dear Suriconnect,

My suggestion is to make a detailed draft on the happening, along with the details of the sms received by the respective person, and make a registered post to the HR head of the company and a copy to the labor commissioner. I believe there is a separate cell is functioning for the welfare of the women in the labor department.

If the process is initiated then your friend in need may get a solution. Also I request all our cite members to register the griefs with their HR department in writing. Because the jurisprudence requires proofs, which has to be pakka in order to get the justice. Word of mouth may not get the purpose done at majority of places.

Also to make it precise, waiting for couple of months is not that much advisable. Its a set back in the persons career. World is ever changing, in the nixt interview the HR might not get the clear picture for this couple of months delay for seeking justice.

Nevertheless, past is past, initiate the process for justice. All the best.

From India, New Delhi
Dear All,
Similar sort of incident happened in one of my friend organization, in that case within 10 days girl registered the complaint with many ngo's followed by police complaint directly without involving HR or other higher authorities.
Police arrested the person and HR has suspended the person and arranged an internal enquiry in this regard and offered full support to the female employee.
In such cases sometimes if an employee thinks that other employee has powerful influence in the office in that scenario direct mode of external complaint can be taken like the same way adopted by above mentioned female employee.

From India, Gurgaon

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