Many employees are coming with proofs in audio, video, and written email communication of mental harassment from the employer. What can be the remedy in courts? Will there be compensation in lakhs for mental agony once proved? Please share key landmark cases for mental agony/mental harassment citation in Indian companies.
What is Mental Harassment in the Workplace?
Before heading for a solution, it is always better to get into the roots of the problem and understand it. In general, harassment can be understood as an unwelcome action of one person causing humiliation to the other one being subjected to such behavior. Sexual harassment and the laws addressing the same are known to all, while mental harassment is something which is rarely talked about. Mental harassment may be in the form of words, actions, or gestures which result in annoying, alarming, abusing, demeaning, intimidating, belittling, humiliating, or embarrassing another.
Given below are some examples of mental harassment in the office:
- Remarks over the race, caste, sex, religion, disability, etc.
- Comments over the age of the employee
- Defaming an employee causing wrongful damage to the reputation of the employee at the workplace
- Negative remarks over different political beliefs
- Comments over sexual orientation
- Not recognizing but degrading someone over work efforts
- Belittling an employee for the marital status
- Sexual remarks
- Non-payment of bonus wages
- Stalking
- Being targeted for no reason
- Bullying/unexplained yelling for mistakes without giving any proper guidance
- Hostile workplace
- Insulting a senior employee in front of other co-workers or juniors
- Secluding an employee while grouping the rest
- Not following terms in the appointment agreement, whether it's about the pay or work hours or the position offered
- Inclusion of unreasonable clauses in the employment agreement
Although instances of mental harassment at the workplace by a boss or co-worker do not end here, these are the usual behaviors that force an employee to succumb to depression due to a toxic workplace.
Source: [Complaint Against Mental Harassment at Workplace in India](https://www.vidhikarya.com/legal-blog/complaint-against-mental-harassment-at-workplace-in-india)
From India, Chennai
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1What is Mental Harassment in the Workplace?
Before heading for a solution, it is always better to get into the roots of the problem and understand it. In general, harassment can be understood as an unwelcome action of one person causing humiliation to the other one being subjected to such behavior. Sexual harassment and the laws addressing the same are known to all, while mental harassment is something which is rarely talked about. Mental harassment may be in the form of words, actions, or gestures which result in annoying, alarming, abusing, demeaning, intimidating, belittling, humiliating, or embarrassing another.
Given below are some examples of mental harassment in the office:
- Remarks over the race, caste, sex, religion, disability, etc.
- Comments over the age of the employee
- Defaming an employee causing wrongful damage to the reputation of the employee at the workplace
- Negative remarks over different political beliefs
- Comments over sexual orientation
- Not recognizing but degrading someone over work efforts
- Belittling an employee for the marital status
- Sexual remarks
- Non-payment of bonus wages
- Stalking
- Being targeted for no reason
- Bullying/unexplained yelling for mistakes without giving any proper guidance
- Hostile workplace
- Insulting a senior employee in front of other co-workers or juniors
- Secluding an employee while grouping the rest
- Not following terms in the appointment agreement, whether it's about the pay or work hours or the position offered
- Inclusion of unreasonable clauses in the employment agreement
Although instances of mental harassment at the workplace by a boss or co-worker do not end here, these are the usual behaviors that force an employee to succumb to depression due to a toxic workplace.
Source: [Complaint Against Mental Harassment at Workplace in India](https://www.vidhikarya.com/legal-blog/complaint-against-mental-harassment-at-workplace-in-india)
From India, Chennai
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Mental harassment at work is a serious issue that can have a devastating impact on the victim's physical and mental health. The Indian Penal Code (IPC) has a number of provisions under which employers and employees can be punished for mental harassment at work.
Section 294 of the IPC
Section 294 deals with obscene acts or words in public. This section can be used to punish an employer or employee who makes obscene gestures or remarks to another person at work. The punishment for this offense is imprisonment for up to three months, or a fine, or both.
Section 343 of the IPC
Section 343 deals with wrongful confinement. This section can be used to punish an employer or employee who confines another person at work without their consent. The punishment for this offense is imprisonment for up to one year, or a fine, or both.
Section 503 of the IPC
Section 503 deals with criminal intimidation. This section can be used to punish an employer or employee who threatens another person at work. The punishment for this offense is imprisonment for up to two years, or a fine, or both.
Section 509 of the IPC
Section 509 deals with words, gestures, or acts intended to insult the modesty of a woman. This section can be used to punish an employer or employee who makes obscene gestures or remarks to a woman at work. The punishment for this offense is imprisonment for up to three years, or a fine, or both.
In addition to these criminal provisions, there are also a number of civil remedies available to victims of mental harassment at work. Victims can file a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This Act provides for a number of remedies for victims of sexual harassment, including compensation, transfer, and termination of employment.
The amount of compensation awarded to a victim of mental harassment at work will vary depending on the facts of the case. However, in recent years, the courts have awarded increasingly large sums of money to victims of mental harassment. In 2019, the Supreme Court of India awarded Rs. 1 crore to a woman who was sexually harassed by her boss.
In addition to compensation, victims of mental harassment at work may also be entitled to other remedies, such as transfer or termination of employment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, provides that the employer must take steps to prevent sexual harassment at work and to provide redressal to victims of sexual harassment. If the employer fails to take these steps, the victim may be entitled to transfer or termination of employment.
If you are a victim of mental harassment at work, you should seek legal advice to discuss your options. You may be entitled to compensation, transfer, or termination of employment.
From India, Thane
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Section 294 of the IPC
Section 294 deals with obscene acts or words in public. This section can be used to punish an employer or employee who makes obscene gestures or remarks to another person at work. The punishment for this offense is imprisonment for up to three months, or a fine, or both.
Section 343 of the IPC
Section 343 deals with wrongful confinement. This section can be used to punish an employer or employee who confines another person at work without their consent. The punishment for this offense is imprisonment for up to one year, or a fine, or both.
Section 503 of the IPC
Section 503 deals with criminal intimidation. This section can be used to punish an employer or employee who threatens another person at work. The punishment for this offense is imprisonment for up to two years, or a fine, or both.
Section 509 of the IPC
Section 509 deals with words, gestures, or acts intended to insult the modesty of a woman. This section can be used to punish an employer or employee who makes obscene gestures or remarks to a woman at work. The punishment for this offense is imprisonment for up to three years, or a fine, or both.
In addition to these criminal provisions, there are also a number of civil remedies available to victims of mental harassment at work. Victims can file a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This Act provides for a number of remedies for victims of sexual harassment, including compensation, transfer, and termination of employment.
The amount of compensation awarded to a victim of mental harassment at work will vary depending on the facts of the case. However, in recent years, the courts have awarded increasingly large sums of money to victims of mental harassment. In 2019, the Supreme Court of India awarded Rs. 1 crore to a woman who was sexually harassed by her boss.
In addition to compensation, victims of mental harassment at work may also be entitled to other remedies, such as transfer or termination of employment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, provides that the employer must take steps to prevent sexual harassment at work and to provide redressal to victims of sexual harassment. If the employer fails to take these steps, the victim may be entitled to transfer or termination of employment.
If you are a victim of mental harassment at work, you should seek legal advice to discuss your options. You may be entitled to compensation, transfer, or termination of employment.
From India, Thane
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Hi Voipitunion, In case an employee has evidence of mental harassment from their employer in the form of audio, video, or written email communication, they may choose to pursue legal action. Here are some potential remedies and considerations:
Filing a Complaint:
The employee can file a formal complaint with their employer's internal grievance redressal mechanism (if available) or with the local authorities, such as the Internal Complaints Committee (ICC) mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Civil Lawsuits:
The employee can file a civil lawsuit against the employer for damages related to mental harassment. They may seek compensation for mental agony, emotional distress, and any other losses suffered as a result of the harassment.
Criminal Complaints:
Depending on the nature and severity of the harassment, the employee may also choose to file a criminal complaint under relevant sections of the Indian Penal Code (IPC) that pertain to mental harassment.
Labour Court/Industrial Tribunal:
If the harassment is employment-related, the employee may approach the labour court or industrial tribunal, seeking relief.
Landmark Cases:
Some key landmark cases related to mental harassment or workplace harassment in India include: Vishaka v. State of Rajasthan (1997): This case led to the development of guidelines to prevent and address sexual harassment at the workplace. Apparel Export Promotion Council v. A.K. Chopra (1999): This case established that the principle of natural justice should be followed during the inquiry into allegations of misconduct.
Compensation for Mental Agony:
If the court finds in favor of the employee, they may be awarded compensation for mental agony. The amount awarded would depend on various factors, including the severity of the harassment, the impact on the employee's mental health, and any other losses suffered.
The outcome of legal proceedings can vary widely based on the specific circumstances, evidence presented, and the interpretation of the law by the court. It's crucial for the affected party to consult with a qualified lawyer who is familiar with employment laws in India for personalized advice.
Additionally, laws and regulations may change over time, so it's important to consult a legal professional who is up-to-date with the latest legal developments.
Regards,
[username]
From India, Bangalore
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Filing a Complaint:
The employee can file a formal complaint with their employer's internal grievance redressal mechanism (if available) or with the local authorities, such as the Internal Complaints Committee (ICC) mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Civil Lawsuits:
The employee can file a civil lawsuit against the employer for damages related to mental harassment. They may seek compensation for mental agony, emotional distress, and any other losses suffered as a result of the harassment.
Criminal Complaints:
Depending on the nature and severity of the harassment, the employee may also choose to file a criminal complaint under relevant sections of the Indian Penal Code (IPC) that pertain to mental harassment.
Labour Court/Industrial Tribunal:
If the harassment is employment-related, the employee may approach the labour court or industrial tribunal, seeking relief.
Landmark Cases:
Some key landmark cases related to mental harassment or workplace harassment in India include: Vishaka v. State of Rajasthan (1997): This case led to the development of guidelines to prevent and address sexual harassment at the workplace. Apparel Export Promotion Council v. A.K. Chopra (1999): This case established that the principle of natural justice should be followed during the inquiry into allegations of misconduct.
Compensation for Mental Agony:
If the court finds in favor of the employee, they may be awarded compensation for mental agony. The amount awarded would depend on various factors, including the severity of the harassment, the impact on the employee's mental health, and any other losses suffered.
The outcome of legal proceedings can vary widely based on the specific circumstances, evidence presented, and the interpretation of the law by the court. It's crucial for the affected party to consult with a qualified lawyer who is familiar with employment laws in India for personalized advice.
Additionally, laws and regulations may change over time, so it's important to consult a legal professional who is up-to-date with the latest legal developments.
Regards,
[username]
From India, Bangalore
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Examples of Mental Harassment
1) Shouting in several (4-5) instances in a high-pitched voice by a supervisor is recorded in audio and video. Will that be acceptable if provided as court evidence?
2) Using stressful words in an email like "Let's stop this nonsense of sending the report at the last minute. I'm frustrated" by the supervisor. Will that be acceptable if provided as court evidence?
3) Fighting in calls between two supervisor heads in recorded calls.
From India, Chennai
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1) Shouting in several (4-5) instances in a high-pitched voice by a supervisor is recorded in audio and video. Will that be acceptable if provided as court evidence?
2) Using stressful words in an email like "Let's stop this nonsense of sending the report at the last minute. I'm frustrated" by the supervisor. Will that be acceptable if provided as court evidence?
3) Fighting in calls between two supervisor heads in recorded calls.
From India, Chennai
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