Seeking Advice: How to Draft an Email After Workplace Assault and Unpaid Leave

My husband was physically assaulted and abused by the union leader of his organization. Though my husband wrote official emails to the higher management, there was no reply or communication from the management. The union leader has not allowed my husband to enter the office premises for 2 years, and his salary was also stopped during this time.

There is a new development—he has now been asked to relocate and report to another office within the same organization. HR has requested him to write a letter asking that they do not consider this 2-year period as leave without pay or adjust his leaves for this interim period.

Please help me draft this email. Thank you in advance.

Request for Consideration of Employment Status and Salary

Dear Sir,

I am xyzi, employee code 00000. I was in <department & designation> at <company name and location>. Due to the Goregaon office being declared dilapidated by the BMC Authorities (as per notice issued by Management, dated 22nd October 2020), the Management has decided to transfer a few of its employees, including myself, to another office in Delhi. I hereby confirm that I reported to the Delhi office on <date> and joined the office on the same date.

Just to bring to your kind notice, I was abusively and physically assaulted by the Union leader, <name>, on 15th November 2018. He used abusive language, threatened, physically assaulted me, and asked me to leave the office. He pressed my neck and abusively humiliated me in front of many colleagues using foul language. I addressed my concern and grievance to the higher management via email dated (copy enclosed). Also, I filed an FIR (First Information Report) in respect of "Non-Cognizable Offence" at Goregaon Mumbai Police Station on <date> (copy enclosed).

Again on <date>, the Union Leader harassed me for the second time. He spoke to me in a very rude, loud, and threatening manner. He gave me a life-threatening warning that if I came to the office again, it would not be good for me. I also reported this incident to the higher management in my email dated (copy enclosed).

Despite all the threats, I was willing to come to the office, but he did not allow me to enter the office premises. I addressed all my concerns and issues to the higher management via emails enclosed in this letter, but there was no appropriate action or communication/reply from them.

This is to bring to your notice that my salary for the last 2 years, i.e., from October 2018 to November 2020, has not been credited to my account as it was stopped by the Union Leader. I am the only earning member in my family, and I only know how I managed my daily survival without a salary for 2 years. For daily household needs and other necessary expenses, I had to sell my house last year.

I have been associated with the company since June 2005. I humbly request you to kindly reconsider my case and not to count my period of 2 years from November 2018 to November 2020 as leave without pay or discontinuation of my services or any type of adjustment in my leaves. I humbly request you to kindly consider me as a regular employee of the organization entitled to the same financial norms as per my grade.

Looking forward to your cooperation.

Please note the following enclosures:

- Email dated 15th November 2018
- Email dated 26th November 2018
- Copy of my "First Information Report in respect of Non-Cognizable Offence" at Goregaon, Mumbai Police Station dated 16th November 2018
- Speed post receipt of the letter sent by registered post on 27th November 2018.

Implications of Management Decisions and Transfer

Is there any point in repeating the story? The management, for whatever reason, has chosen to side with the Union leader. Fortunately for you, it has been possible to resume duty in Delhi. When the management has not terminated the services but has transferred you, the relief sought, such as not counting the period from November 2018 to November 2020 as leave without pay or discontinuation of services, or any type of adjustment in leaves, is not needed. Transfer means you are considered a regular employee of the organization entitled to the same financial norms as per your grade. Hence, the above requests seem inappropriate. If you are seeking any financial relief for the forced period of absence, you may mention so. The transfer order has to be examined closely to understand the implications.

Thank you, KK, for reverting. Yes, there is a need as my husband has not received his salary for the last 2 years as it was stopped by the Union Leader. Yesterday, my husband had a meeting with HR, and he was instructed to write a formal letter outlining his case and requesting that his absence not be considered as leave without pay or be adjusted in his leaves. According to the HR person, the relocation office is not liable for the previous dues, which is why HR is requesting this letter from my husband.

Transfer and Harassment Issues

Dear Sir, I am XYZ, employee code 00000. I was in [department & designation] at [company name and location]. As the Goregaon office has been declared dilapidated by the BMC authorities (as per notice issued by Management, dated 22nd October 2020), the Management has decided to transfer a few of its employees, including myself, to its office in Delhi. I hereby confirm that I reported to the Delhi office on [date] and assumed my charge on the same date, bringing an end to my nightmarish existence for the last two years.

Past Incidents of Harassment

To recapitulate past events, I was abused, threatened, and eventually physically assaulted by the Union leader, [name], for no fault of mine. On 15th November 2018, he used abusive language, threatened, physically assaulted me, and asked me to leave the office. He pressed my neck and humiliated me in front of many colleagues using foul language. I informed the management of the event via email dated [date] (copy enclosed). I also filed an FIR (First Information Report) in respect of a "Non-Cognizable Offence" at Goregaon Mumbai Police Station on [date] (copy enclosed).

Again on [date], the Union Leader harassed me for the second time. He spoke to me in a very rude, loud, and threatening manner. He gave me a life-threatening warning that if I came to the office again, it would not be good for me. I also reported this incident to the higher management in my email dated [date] (copy enclosed). Despite all the threats, I wanted to come to the office, but he did not allow me to enter the premises. I addressed all my concerns and issues to the higher management via emails, as enclosed in this letter.

Salary and Financial Hardship

This is to bring to your notice that my salary for the last 2 years, i.e., from October 2018 to November 2020, has not been credited to my account, perhaps at the insistence of the Union Leader. I am the only earning member in my family, and I know how I managed our everyday survival without receiving a salary for 2 years. For daily household needs and other basic necessities, I even had to sell my house last year.

Request for Consideration

I have been associated with the company since June 2005 and have an unblemished record. I have followed all the instructions given to me. I humbly request you to kindly reconsider my case and not count my period of 2 years from November 2018 to November 2020 as leave without pay or discontinuation of my services or any type of adjustment in my leaves. It was a forced absence compelled by circumstances beyond my control. I humbly request you to kindly consider me as continuing to be a regular employee of the organization entitled to the same financial package as per my grade and entitlement.

Looking forward to your kind consideration and support.

Please note the following enclosures:
- Email dated 15th November 2018
- Email dated 26th November 2018
- Copy of my "First Information Report in respect of Non-Cognizable Offence" at Goregaon, Mumbai Police Station dated 16th November 2018
- Speed post receipt of the letter sent by registered post on 27th November 2018.

Complex Issue with Multiple Factors

Yes, it is quite a complex issue with several matters involved, Madam.

Firstly, any kind of assault by anyone constitutes a crime. A criminal case has already been lodged. If not done already, you can inform all developments even today.

During the entire lapse of 2 years, why didn't you approach the labor department or the police legally instead of wasting time sending emails to the company?

Usually, some companies do not get involved in such manhandling issues carried out by company unions internally, even though it is wrong.

Questions on Handling the Situation

What did you eat all these long days? How can one believe... Please, ultimately treating or not treating this long period does not depend on anyone's whims and fancies. The disciplinary committee, the works committee, and the company's manual book of disciplinary procedures will decide.

Labor Law Considerations

As per labor laws, if he is a regular employee, leave should be allowed, and all such periods can be treated as a loss of pay based on available leave with paid leave deductions. Approach the nearby labor department for redressal. Be patient during the procedure.