Riteshmaity
Labour Law Advocate
Amit Aishwary Choudhary
Managing People At Work.
SHRCICC
Retired
+2 Others

Dear Seniors,
My senior ,who is a male and my reporting authority is giving me a lot of work beyond my capacity and asking me to complete the work by sitting late.He often uses abusive language in front of everyone.
This is causing mental harassment and affecting my work.He is asking me to quit. I feel because i am a woman he is harassing me. Can I complain against him under sexual harassment act provisions.
Pl.guide.
4th January 2017 From India, Dombivali
Asking you to work more can be deemed as harassment, but certainly not sexual harassment. But before complaining, make sure you are able to prove your allegations. Details of abusive language has also to be considered.
However, you can easily complaint against working late or beyond your duty hours and there is law to protect you.
It is advisable to contact a lawyer and state him all the factual details for better suggestion.
4th January 2017 From India, Kolkata
dear concern,
its a clear case of workplace bullying and harassment. we need to address this as a strong case of bullying as your boss is using foul language, raising voice and insulting with the clear intention for you to either quit or keep getting bullied by him. please raise your complaint in writing to HR or management stating the behavioral issues and other challenges you are facing. but raise your voice ...it is must, running away from the person will encourage him to demonstrate unethical behavior more often.
for more assistance please feel free to write to me at
5th January 2017 From India, New Delhi
-You can demand advance or imp rest cash since you have to travel at a short notice and attend to emergencies.

- Be polite, gentle and amiable.

-Record the incidences of threat, abuse, and coercion. You may need it.

-You can demand overtime if you have been made to work beyond your duty hours. You should have record, and evidence to prove it.

-Many companies designate employees as executives/managers to deny overtime but labor act shall decide.

-You can not be compelled to work on Sundays/Govt./gazetted holidays. Company can be punished shall have to pay you double wages. Elders in your family, experienced and competent persons known to the family, and lawyer can help you on this and help you claim overtime and held up money.

-The reporting authority of your boss has not helped you to fetch relief. He has also asked you to resign.

-You can escalate to your appointing authority, MD, Head-HR, Company secretary they may have a grievance redressal mechanism, you can escalate to them also. You should be able to defend your self in case of inquiry.

- You can complain to labor authorities and this should solve your problem.

- Kindly think logically with a cool mind to diffuse the situation and show your documents and take the help from elders in the family, or your lawyer/law firm.

$$$ Some examples of behavior that constitute sexual harassment at the workplace:

1. Making sexually suggestive remarks or innuendos.

2. Serious or repeated offensive remarks, such as teasing related to a personís body or appearance.

3. Offensive comments or jokes.

4. Inappropriate questions, suggestions or remarks about a personís sex life.

5. Displaying sexist or other offensive pictures, posters, mms, sms, whatsapp, or e-mails.

6. Intimidation, threats, blackmail around sexual favors.

7. Threats, intimidation or retaliation against an employee who speaks up about unwelcome

behavior with sexual overtones.

8. Unwelcome social invitations, with sexual overtones commonly understood as flirting.

9. Unwelcome sexual advances which may or may not be accompanied by promises or threats,

explicit or implicit.

10. Physical contact such as touching or pinching.

11. Caressing, kissing or fondling someone against her will (could be considered assault).

12. Invasion of personal space (getting too close for no reason, brushing against or cornering

someone).

13. Persistently asking someone out, despite being turned down.

14. Stalking an individual.

15. Abuse of authority or power to threaten a personís job or undermine her performance against

sexual favors.

16. Falsely accusing and undermining a person behind closed doors for sexual favors.

17. Controlling a personís reputation by rumor-mongering about her private life.

Some examples of behavior that may indicate underlying workplace sexual harassment and

merit inquiry:

1. Criticizing, insulting, blaming, reprimanding or condemning an employee in public.

2. Exclusion from group activities or assignments without a valid reason.

3. Statements damaging a personís reputation or career.

4. Removing areas of responsibility, unjustifiably.

5. Inappropriately giving too little or too much work.

6. Constantly overruling authority without just cause.

7. Unjustifiably monitoring everything that is done.

8. Blaming an individual constantly for errors without just cause.

9. Repeatedly singling out an employee by assigning her with demeaning and belittling jobs that

are not part of her regular duties.

10. Insults or humiliations, repeated attempts to exclude or isolate a person.

11. Systematically interfering with normal work conditions, sabotaging places or instruments of

work.

12. Humiliating a person in front of colleagues, engaging in smear campaigns.

13. Arbitrarily taking disciplinary action against an employee.

14. Controlling the person by withholding resources (time, budget, autonomy, and training)

necessary to succeed.

$$$ Some examples of workplace behaviors that may not constitute sexual harassment:

1. Following-up on work absences.

2. Requiring performance to job standards.

3. The normal exercise of management rights.

4. Work-related stress e.g. meeting deadlines or quality standards.

5. Conditions of works.

6. Constructive feedback about the work mistake and not the person.

Please read and co-relate with your workplace situation.
5th January 2017 From India, Delhi
Sexual harassment does not only mean involving sex. If indirectly a woman is put under pressure, so that she should agree to the terms of the man, it is sexual harassment. In this case, there are some questions unanswered. 1. Does this happen to you alone or to all your peers? 2. Apart from asking to do extra work by waiting overtime, has the boss advanced or suggested in any manner - directly or indirectly? 3. Are there other women staff? and Do they have any complaint like yours? Unless these questions are answered it is difficult to say if it is sexual harassment or not. Like no woman should be sexually harassed at workplace or elsewhere, no woman should color anything as sexual harassment.
Vibhakar Ramtirthkar.

9371001906
6th January 2017 From India, Pune
Attaching here a case for your information and clarity.
Sexual harassment charge: HR manager told to pay Rs 50,000 for 60 months to ex-employee - Times of IndiaRs 50,000 will be deducted from accusedís salary for 60 months, and the same will be paid to the victim. The victim was drawing a monthly salary of Rs 30,000 when she was relieved of her duties in 2015.timesofindia.indiatimes.com
Sexual harassment charge: HR manager told to pay Rs 50,000 for 60 months to ex-employee - TOI Mobile | The Times of India Mobile Site
7th January 2017 From India, Rudarpur
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