Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

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Hi All,
I need guidance. I was first pushed into false Sexual Harassement points that too with out any proper procedure. Just on verbals and meeting without any formal documents. No written details were given on the harassment case and no final details/report by internal committee has been submitted. while this was happening My Sr position has been already replaced by another colleague and email sent to all employees without any notifications to me. Now I am being asked to resign verbally. Do I have any rights as an employee working for more than 24 months successfully. would I get justice if I try to move to Labor court. If I do resign would I have any future course to fight back for himiliation gross violations of procedure in labor court. Things are moving very fast and high pressure is being put on me.
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Dear Kamat,
You have given information about the incidents happening in the last couple weeks/days but still left out important information.
You belong to which city? What is your designation? Did you raise your grievance officially? If yes, then how have you done that?
In the meanwhile, you approach labour officer of your area and explain your problem. You need to provide him evidence that you are employee of your company. Let us see whether he is in position to help you out.
Wait for opinions of the other senior members.
Thanks,
Dinesh Divekar
Hi Kamat,
I agree with Dinesh's comments and would also like to advise you to keep any proofs of the incident which indicate the wrongful treatment by your organization in the sexual harassment case and the following incidents.
Thanks
Scheeba
Do not resign under pressure. If you are being forced to resign under threat then give details of pressurizing in the letter of forced resignation and say it is under protest or immediately after forced resignation send detailed letter how and who has forced you to threaten and resign and state that you have been extorted to sign the forced resignation on------at ------- place----------and you will pursue criminal prosecutions of extortion against the concerned officials. State that the resignation letter may be treated as null and void. Remedies of getting set aside of forced resignation lie before labour court under ID Act if you are covered under definition of workman. If you are not a workman then file civil suit for declaration that forced resignation is illegal and claim for damages of wages for three years. If you will resort to authorities under the Karnataka Shops and Establishment Act, they may may not have jurisdiction to decide whether it was forced resignation or not. Even if the employer terminates you illegally, then under the Act you may have compensation only upto six months wages if the employer does not want to reinstate you.

Evidently, without proper inquiry in sexual harassment case you cannot be terminated.

Thanks

Sushil
Dear All, i am based in Karnataka as employee in software pvt large company. Yes i have written email to SH committee stating no proper procedure has been followed. Even without any reports. And response from SH member do confirm to some extents. Reason being given Sr Management wants me to leave. I dont have stamina to survive without salary. If i resign i will get notice pay etc otherwise a legal case result duration and wait might break me down as i foresee. I am already humiliated in front of my colleagues as my replacement has taken over and i am not allowed in the office. Is it right to take np pay etc resign and get my money then put a forced to resign notice under presuure. Thanks.
Once indicted or forced to resign based on harassment complaints you will be on back foot in future jobs.
The harassment complaint is like an Achilles heel and can be a weakness in your career.
Do not resign..
Fight it out legally-calmly and try to get clean chit.
Some times harassment complaint is used as a weapon and by virtue of the nature of allegation,the complainant is put on back foot.
No one wants a fight,but if fight is pushed on to you,you need to take it boldly and with proper legal advice.
Read the laws on the subject and gen yourself up on how internal complaint comittee is supposed to work.
Once you are aware then you can take it up with appropriate authorities.
Like false dowry cases,there have been false harassment cases.
Wish you all the best and hope you can get clean chit.
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