Hi, I'm working in Pvt ltd company, recently I have resigned due to harassment by a supervisor, my HOD Is also supporting to my supervisor & not ready to listen to anything against her. I have also complained to HR on this & now on 2 month's notice period.
I need advice that where I can file a complaint now - with no job on my hand, my gratuity was due in July 2016 but I have to resign due to regular harassment.
From India, Delhi
I need advice that where I can file a complaint now - with no job on my hand, my gratuity was due in July 2016 but I have to resign due to regular harassment.
From India, Delhi
Hi,
Go to you labour commissioner / labour inspector office and give a oral complaint. If they are interested and ready to take action then give the complaint in writing. By the way if you have served 4 years 8 months you are eligible for gratuity no need to wait for 5 years to complete.
From India, Chennai
22Go to you labour commissioner / labour inspector office and give a oral complaint. If they are interested and ready to take action then give the complaint in writing. By the way if you have served 4 years 8 months you are eligible for gratuity no need to wait for 5 years to complete.
From India, Chennai
Since you have resigned from service, irrespective of any cause, it is deemed that employer employee relationship has ceased by you willfully.
As you have tendered resignation and serving notice period, you will not be able to claim "illegal termination" before the Labour Commissioner.
You have not described the nature of harassment. You may think of filing a FIR before the police station, but I am afraid you cannot get much benefit from the point of view of an employee since you have resigned yourself.
For more information check my blog www.labourlawhub.com
From India, Kolkata
As you have tendered resignation and serving notice period, you will not be able to claim "illegal termination" before the Labour Commissioner.
You have not described the nature of harassment. You may think of filing a FIR before the police station, but I am afraid you cannot get much benefit from the point of view of an employee since you have resigned yourself.
For more information check my blog www.labourlawhub.com
From India, Kolkata
Hi,
There is no iilegal termination by company as myself has given resignation due to regular harasement by my supervisor in form of bad behavior, no guideness in work & reply in yes or no & every things depend on her mood only..there are 4-5 people already resigned in 2years. I'm with company abound 4-5years and last year only my reporting has changed to her and from there i'm facing verbal harasement, mood swings, reply in yes or no instead of explaining and after resignation of 1 staff in march she thinks he has resigned in my influence and then her behavior gone worst.
I have written complaint cum resignation to my HOD with Cc to HR. but no action taken by HOD or HR, infect they have not reply that my resignation has been accepted on email or verbal. Just i'm assuming that my last working day will be 2 months from the resignation email date.
Please advice.
From India, Delhi
There is no iilegal termination by company as myself has given resignation due to regular harasement by my supervisor in form of bad behavior, no guideness in work & reply in yes or no & every things depend on her mood only..there are 4-5 people already resigned in 2years. I'm with company abound 4-5years and last year only my reporting has changed to her and from there i'm facing verbal harasement, mood swings, reply in yes or no instead of explaining and after resignation of 1 staff in march she thinks he has resigned in my influence and then her behavior gone worst.
I have written complaint cum resignation to my HOD with Cc to HR. but no action taken by HOD or HR, infect they have not reply that my resignation has been accepted on email or verbal. Just i'm assuming that my last working day will be 2 months from the resignation email date.
Please advice.
From India, Delhi
As you have mentioned that you have complained against the verbal harassment, non-explanation etc. by your superior, but no action has been taken; but in such case you cannot do anything more than complaining to the HOD. It is the duty of the HOD to investigate on your allegations against the lady, conduct an enquiry and take action against her. However, if the company decides not to do anything, you cannot do much. Moreover, it is difficult to prove verbal harassment, mood swings etc.
What I suggest that since you have already tendered resignation and serving notice period, after completion of notice period collect all legal dues and leave the company without much hassles. If the company refuses to pay your legal dues, then you can seek legal advice.
Let me know if you have more specific questions.
Check my blog www.labourlawhub.com for more updates.
From India, Kolkata
What I suggest that since you have already tendered resignation and serving notice period, after completion of notice period collect all legal dues and leave the company without much hassles. If the company refuses to pay your legal dues, then you can seek legal advice.
Let me know if you have more specific questions.
Check my blog www.labourlawhub.com for more updates.
From India, Kolkata
Raise your voice in Labour Department, today you are the victim tomorrow somebody else, need to teach them lesson. Approach labour commissioner they will definitely take action.
From India, Hyderabad
From India, Hyderabad
But i have not received any confirmation from HR or HOD that my resignation has been accepted or not and today 7 days passed away. should i think its accepted ?
in this case since i have not received any communication on my resignation, have i employee rights as earlier or since i sent email for Complaint cum resignation so my basic employee rights has over ?
Below is content which i have written in my Complaint cum resignation email.
To : HOD
CC: HR
Subject : Complaint cum resignation
Dear Sir,
I am writing a formal complaint against supervisor behavior which affects my mental peace.
I wanted to inform you that Ms. XXX doesn’t treat her team well and doesn’t respond to my problems well and talks only in Yes or No. She provides no guidance in work we do and she is not interested in developing the skills of the team.
I also feel, she thinks Max has resign because of my influence and thus way her behavior gone worst.
I am working here from last five years and never faced such problems when I was reporting to Mr. YY. From last one and half years after my reporting is changed to Ms. XXX I have never slept peacefully. She has mood swings always and treat in very bad way.
I will not be able to work under her and would like to resign from my job for above mentioned reasons, I also confirm that I do not have problem with company or job work.
From India, Delhi
in this case since i have not received any communication on my resignation, have i employee rights as earlier or since i sent email for Complaint cum resignation so my basic employee rights has over ?
Below is content which i have written in my Complaint cum resignation email.
To : HOD
CC: HR
Subject : Complaint cum resignation
Dear Sir,
I am writing a formal complaint against supervisor behavior which affects my mental peace.
I wanted to inform you that Ms. XXX doesn’t treat her team well and doesn’t respond to my problems well and talks only in Yes or No. She provides no guidance in work we do and she is not interested in developing the skills of the team.
I also feel, she thinks Max has resign because of my influence and thus way her behavior gone worst.
I am working here from last five years and never faced such problems when I was reporting to Mr. YY. From last one and half years after my reporting is changed to Ms. XXX I have never slept peacefully. She has mood swings always and treat in very bad way.
I will not be able to work under her and would like to resign from my job for above mentioned reasons, I also confirm that I do not have problem with company or job work.
From India, Delhi
Hello
To establish yourself under the definition of worker under Industrial Disputes Act, you need to check:
1) are you are working without teams i.e in independent role
2) with no financial or administrative powers delegated to you,
In the above case you can approach the Local labour department for putting up grievance.
Otherwise you may approach civil courts through appropriate counsel.
Regarding your gratuity if you have completed 240 days for every set of 12 months (take set of twelve months from your date of joining) it counts as one year & in the fifth year if you have completed 240 days then you can lodge a compliant with the Local Labour Authorities.
From India, Mumbai
To establish yourself under the definition of worker under Industrial Disputes Act, you need to check:
1) are you are working without teams i.e in independent role
2) with no financial or administrative powers delegated to you,
In the above case you can approach the Local labour department for putting up grievance.
Otherwise you may approach civil courts through appropriate counsel.
Regarding your gratuity if you have completed 240 days for every set of 12 months (take set of twelve months from your date of joining) it counts as one year & in the fifth year if you have completed 240 days then you can lodge a compliant with the Local Labour Authorities.
From India, Mumbai
It is very difficult to work happily when immediate boss is creating hassles and treating subordinates badly.
Having read your complaint, what you say will be difficult to prove anything against your immediate supervisor, unless you have witnesses and other employees also face such problems.
Did you try to get yourself changed to another team/project?
Your letter does not speak of date of resignation or should it be construed the date you put up your complaint?
Gratuity will be due If you have completed 5 years of service and 240 days in last year.
Clearly ask the company to accept your resignation or tell them that ------ date is my last working day and hand over company property,files etc under official signature and documentation of HO/TO.
Go to HR and insist on clarity abut resignation and dues.
From India, Pune
Having read your complaint, what you say will be difficult to prove anything against your immediate supervisor, unless you have witnesses and other employees also face such problems.
Did you try to get yourself changed to another team/project?
Your letter does not speak of date of resignation or should it be construed the date you put up your complaint?
Gratuity will be due If you have completed 5 years of service and 240 days in last year.
Clearly ask the company to accept your resignation or tell them that ------ date is my last working day and hand over company property,files etc under official signature and documentation of HO/TO.
Go to HR and insist on clarity abut resignation and dues.
From India, Pune
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