Business Development, Employee Relations,
Statutory Complaince/labour & Employment
I have a doubt if this a scenario madeup or is an actual incident. Sorry, no offence intended.
If this is true and actual incident, then I am really surprised you decide to discuss this life threatening issues here in a blog. Suggest you approach a Lawyer/NGO and seek immediate guidance rather waiting for people to react to your queries.
And if this a madeup situation, there are so many cases in courts, where in employee is under treble stress unfortunately takes extreme steps and there is a judiciary and system process in place. And to answer your question according to me
2. Court to decide
3. Responsibility lies with Police Department to be answerable on behalf of country/state.
4. Yes, its within their rights
5. Yes, ofcourse, but for it to be effective, I feel it needs to be initiated and publicized with help of NGO and Media.
2nd December 2013 From Saudi Arabia, Riyadh
Again thanks for directing the approach, will have it justified.
2nd December 2013 From India, Chandigarh
What you have written is one side of coin. Yeh. there are instances in MNC that people are sometime ill treated. However, in respect of HR behaviour there is no tailor made solution. Each act of an employee or a Superior Officer, in a given situation, always have a past history. We as 3rd person is never aware of this..The first provision with regards to LEAVE being- It is not a matter of RIGHT. Leave can be only sanctioned ,if there is no exigency.Further, what was exchanged by way of words between the employee and his superior officer is not known. If such mails are entertained(as a dying statement), it will be very difficult for Employers to run the business The Police deptt. are the best to investige,. if the concerned employee is not traceable. If FIR is not being lodged, the concerned can approach Court of law to issue directions to Police deptt. to lodge FIR. However, if on investigation if it is found that Employee played mischief, to cause duress on Employer, he will also be tried by the law enforcers..This will be very bad, in future, from career point of view.
5th December 2013 From India, Delhi
Death (suicide) due to harassment of superior officers regarding leave will lead to murder case.
The employee heirs can claim compensation.
The official who harassed will be jailed after case registration.
It is a serious case against the official and company under vicarious liability.
HR & IR consultant
6th December 2013 From India, Hyderabad
1 First question of your is "yes" it may amount to harrassment at work place, the kind of language which has been mentioned in mail as written by employee prima facie suggest that, he was being harrass, not alowed leave at several occasion. though can understand that leave is not a matter of right, but normally it should be allowed to employee when he applied for the same, untill & unless some urgency or difficulty is there. As such leave provisions are mentioned & priscribed by the legislations, keeping in veiw the fatige or mental stress involved in day to work for easing out and rejunate from such situations and to support his family in time of need. this is the basic ideology behind leave provisions implemented by Govt. secondly the kind of langauge and other contents of mail suggest or inference may be drawn to this effect. Its a matter of investigations by the policy authorities.
2 in case the employee sucide or died immediately after leaving your office, in that case it may be a case of abetment to sucide punishable under section 306 of IPC, thats non bailabe, non compoundable. the statement written by employee in such a suituation may be treated as dying declaration under Evidence Act and hold good peace of evidence in corroboration with other facts.
3 An FIR may be registered after varifying the contents and prima facie facts of the case, by police authorities against the manager, company and the person who have direct control over the affairs of the company at the time of incidence.
the incidence will treated as criminal offence which i have already mentioned above. but its a matter of investigation by the police authorities.
9th December 2013