How Can I Protect My Father from Workplace Harassment and Health Risks? Seeking Urgent Advice

Dear friends,

The query is regarding a critical situation with my father's job.

My father is working with a rural bank in India. He's 56. Our family consists of two of us. I am also a working girl. Last year, my father suffered from a Brain Hemorrhage. Considering the family and health situation, he was transferred to the nearest place to our home.

Now, before two months, he's been transferred to a remote place, nearly 100 km from home. Health facilities are not good there. We can't shift there as it will disturb a lot of things. We requested the management (Top authority) to transfer him to a nearby place from where at least he could commute daily, but they are not considering our case at all.

Now my father leaves at 6 AM and reaches at 9:30 at night. I am very much worried about his health. To top it off, the management has started harassing him, like not sanctioning his medical bills at first go, without any valid reason.

I am also in HR. I know that there could be a reason for such a harsh step from the management. We had several meetings. His Chairman complained of his lack of PR skills and lack of hard work, that's it.

To tell you about my father's sincerity, he topped the promotion exams held in July.

Now my questions are:

1. If a person has a reserved nature, does it allow the employer to harass him like this?

2. It is sheer office politics. How to take action when the Boss himself is involved in it?

3. How can an employer ignore a simple request of an employee who has a history of Brain Hemorrhage!!!

4. Since it's an official matter, can any help from a third party like the Human Rights Commission be taken?

Please, friends, I need your suggestions urgently. We are really feeling so helpless.

Regards,

Somya.

Hi Somya,

You have mentioned that your dad is working in a rural bank. Normally, these rural banks have service rules applicable to their employees. Please try to get a copy of the same and go through the required clauses, such as transfer, promotions, reimbursement of medical bills, etc. If you find any gross violation of rules by the superiors, you can approach the appropriate authorities for a remedy. If possible, please send me the soft copy of the relevant provisions of the service rules to enable me to review them and suggest the appropriate remedy.

Thanks & Regards,
Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division, Chennai.
Mobile: 919840942232

Hi Somya,

Please clarify if your father is working in a nationalized bank or a cooperative bank. From the word "Chairman," I think it is a cooperative one. The rules apply differently for a nationalized and a cooperative bank. For a nationalized bank, you can approach the regional office, whereas for a cooperative bank, you can approach the Cooperative Commissioner in your area, under whose purview all the banks are reporting.

Sandeep Sable
Email: sandeep_sable@rediffmail.com

Hi Somya,

I totally agree with Kalyan. First, you have to go through the document carefully and then think about the reverse action to be taken. Let's keep the discussion ongoing until you reach the final conclusion.

Thanks,
Samrodha

Hi Kalyan,

Thanks for your suggestion. I'll try to get a copy of the service rules; you have made a good point. But assume it says that Management's decision would be final, then what? We are totally trapped!

Sandeep,

My father is in a nationalized bank. The regional manager himself has done the transfer, and we approached his boss. The bank has branches in M.P. only.

More suggestions invited.

Regards,
Somya

Hi Somya,

Service Rules will not be one-sided. Service Rules and Appointment Orders describe the various service conditions offered to the employees. Service Rules also provide for grievance redressal. Transfer is always the prerogative of management. Though there are many judgments stating that the place of work should be decided only by the employer and not by the employee, there will also be provisions in the service rules for employees to raise grievances against punitive transfers. If the transfer is with some ulterior motive or punitive, it can be represented/challenged before the appropriate authority.

You will have answers to queries like Transfers, medical reimbursement, grievances redressal, Appellate Authority for representing the grievance, etc., in the service rules. Let us be optimistic and find out a solution.

Thanks & Regards,

Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division
Chennai
919840942232

Dear Somya,

By registered post, your father/you should forward a letter to the organization with details of the problem, your family structure, along with medical certificates. A copy should be forwarded to the regional office, Reserve Bank of India. It may be fruitful.

All the best, Mahesh Chandra Joshi

Dear,

Since it is a case of a medical issue, possibly involving a disability, if there is a policy of VRS, it is advisable to opt for that. Otherwise, you may have to seek legal help by hiring a service lawyer locally. Yours is a complicated case requiring specialist advice.

With Regards,

V. Sounder Rajan

Service rules will not be one-sided. Service rules and appointment orders describe the various service conditions offered to the employees. Service rules also provide for grievance redressal.

Kalyan Sir,
Yes, you are right. I have asked for a copy of the service rules. I shall get back to you for your guidance as soon as I get it. Thanks again.

By registered post, your father/you should forward a letter to the organization with details of the problem, your family structure along with medical certificates, and a copy should be forwarded to the regional office, Reserve Bank of India. It may be fruitful.

Mahesh Sir,
We have already done that. The authorities are very well aware of the health and family situation. We want to try all the options before we move to the highest authority. Thanks for your advice. Keep on guiding me.

Since it is a case of a medical issue possibly involving disability, if there is a policy of VRS, it is advisable to opt for that. Otherwise, you may have to seek legal help by hiring a service lawyer locally. Yours is a complicated case requiring specialist advice.

Rajan Sir,
At one point, we also thought of taking VRS, but the point is that we know the management has been unfair. Why should we quit the situation? Let's see if the service rules provide any kind of remedy; otherwise, we'll have to seek a specialist's advice, as you suggested. Thanks so much. Keep guiding.

Regards,
Somya.

Sowmya,

In practice, it never pays to get into direct confrontation with bosses.

Luckily, your father works in a nationalized bank - co-ops are impossibly bad in such a case. The legal option is best avoided.

The VRS option is the best for everyone. It allows the bosses to get rid of one manpower head in their list, without the associated bad blood. It doesn't cost money. Usually national banks have a VRS scheme announced every now and then. However, if one is not active at this time, have your father put up an application for VRS on compassionate grounds.

In addition, sizeable pressure can be built through the press, free of charge. If you get someone like "Ankho dekhi" guys to report the case (apparently on their own), you hit the jackpot (but with an associated risk of backlash from the bosses). You could have a local daily put up this as an example in an HR article or a related news item. The article would probably cite the bank's name in specific. That would surely get the boss' goat just enough to go sympathetic.

Dear Somyaji,

Don't be afraid of the situation. Send registered letters to the top officials and continue this every ten days until you are called for a meeting or conciliation. After three such posts, follow up with a reminder to the concerned officials. Then, consider reaching out to the district press club. Narrate the situation along with records to the press people. This approach will surely benefit you.

If you choose to go through the legal court process, it will progress at a snail's pace and may not compensate for the lost years of your hard struggle.

Thanks and regards,
Keshava