Dear Members,
I have been working in a listed company for the past 1.5 years, and for the last 6 months, I have been facing harassment from one of the management staff. I was transferred to another branch where I am not given responsible tasks and end up remaining idle most of the time. Now, my immediate boss is asking me to search for another job and leave the company.
I have been very efficient in my role and feel victimized because I did not comply with the wishes of one of the management staff members.
My question is, do I have a case against the company? I believe they are damaging my career by first hiring me and then mistreating me without any fault of mine.
Is there any forum or mechanism available where I can file a complaint? Please help.
Veet
From India, Mumbai
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3I have been working in a listed company for the past 1.5 years, and for the last 6 months, I have been facing harassment from one of the management staff. I was transferred to another branch where I am not given responsible tasks and end up remaining idle most of the time. Now, my immediate boss is asking me to search for another job and leave the company.
I have been very efficient in my role and feel victimized because I did not comply with the wishes of one of the management staff members.
My question is, do I have a case against the company? I believe they are damaging my career by first hiring me and then mistreating me without any fault of mine.
Is there any forum or mechanism available where I can file a complaint? Please help.
Veet
From India, Mumbai
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Can you plz explain us what kind of harassment is that? . . . . . .. V vl surely help you from our side. . . . .
From India, Tiruppur
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From India, Tiruppur
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Veet,
It looks like your performance has not been communicated at all. Otherwise, why would they ask you to leave the job? I guess your remaining idle has been very visible. Anyways, does your immediate boss have direct control over firing you, or was that just his opinion? Please let us know in detail.
From India, Madras
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It looks like your performance has not been communicated at all. Otherwise, why would they ask you to leave the job? I guess your remaining idle has been very visible. Anyways, does your immediate boss have direct control over firing you, or was that just his opinion? Please let us know in detail.
From India, Madras
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Hi, I was doing a fine job after my appointment and was appreciated by one and all. As mentioned earlier, I was not following the directives of one of the management staff (as I was implementing company policies strictly), and he was seeking an opportunity to terminate my employment. Due to a restructuring in management, he exerted pressure on my immediate boss (who was appointed 5 months after me) to transfer me to another branch and assign me no work, in hopes that I would resign out of frustration.
From India, Mumbai
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From India, Mumbai
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Dear Veet,
How do you clearly know that his intention was to "give you no work, and make sure you are frustrated with it and quit by yourself?" I am not giving any way for perceptions to take over and debate over that. At the moment:
a) You are clearly disappointed. Do you have an option of working under another boss? Yes - great, take this idea ahead. If no: Your frustration can get worse, honey!
b) Come on - you know that you perform and you just can't let anyone underestimate you. So is there a place in your company where you can clearly state about your performance and highlight that you have been given no tasks by this boss of yours? (see if it's possible, else, don't worry - move to the next option)
c) You have better things to do rather than reporting to this guy who makes no sense to you. Listen - as far as I know - It is important to see who is coaching and guiding you. If he is a not-so-wanted boss, then why struggle under him? Search for a better boss (start looking for better opportunities!)
d) Now hold this frustration for the moment, and try assigning yourself a creative work in HR (in your role - be it even if it's a small contribution)... you know why, this is for making you feel less worried about what's happening inside the organization... and make you understand that you are worth more!
e) The best action you can take against the boss is - get a better job, with a better pay (YOU CAN!!) and "thank" him for making you feel it was not that good to work under him! Good Luck! Get going!
From India, Madras
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How do you clearly know that his intention was to "give you no work, and make sure you are frustrated with it and quit by yourself?" I am not giving any way for perceptions to take over and debate over that. At the moment:
a) You are clearly disappointed. Do you have an option of working under another boss? Yes - great, take this idea ahead. If no: Your frustration can get worse, honey!
b) Come on - you know that you perform and you just can't let anyone underestimate you. So is there a place in your company where you can clearly state about your performance and highlight that you have been given no tasks by this boss of yours? (see if it's possible, else, don't worry - move to the next option)
c) You have better things to do rather than reporting to this guy who makes no sense to you. Listen - as far as I know - It is important to see who is coaching and guiding you. If he is a not-so-wanted boss, then why struggle under him? Search for a better boss (start looking for better opportunities!)
d) Now hold this frustration for the moment, and try assigning yourself a creative work in HR (in your role - be it even if it's a small contribution)... you know why, this is for making you feel less worried about what's happening inside the organization... and make you understand that you are worth more!
e) The best action you can take against the boss is - get a better job, with a better pay (YOU CAN!!) and "thank" him for making you feel it was not that good to work under him! Good Luck! Get going!
From India, Madras
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Generally, there are two ways to address harassment.
Category 1: Get out of the situation by changing jobs or reporting managers, or by improving the relationship with the reporting manager. Not everyone will be fortunate enough to be able to deal with it in this way.
Category 2: Make the reporting manager understand that you are not going to tolerate harassment. Before taking this approach, you may want to check with HR for authority, assess the organizational culture regarding escalating and addressing such matters, and explore legal options.
I am not familiar with the laws in India, but in the US, harassment has legal recourse where the burden of proof lies with the harasser. In the US, managers are generally more cautious and professional. I am certain that in India, there are also strong legal remedies, although not many people may choose to exercise them. If you find yourself in a difficult situation, you may want to look into these options.
From India, Delhi
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Category 1: Get out of the situation by changing jobs or reporting managers, or by improving the relationship with the reporting manager. Not everyone will be fortunate enough to be able to deal with it in this way.
Category 2: Make the reporting manager understand that you are not going to tolerate harassment. Before taking this approach, you may want to check with HR for authority, assess the organizational culture regarding escalating and addressing such matters, and explore legal options.
I am not familiar with the laws in India, but in the US, harassment has legal recourse where the burden of proof lies with the harasser. In the US, managers are generally more cautious and professional. I am certain that in India, there are also strong legal remedies, although not many people may choose to exercise them. If you find yourself in a difficult situation, you may want to look into these options.
From India, Delhi
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Most of the people tender resignation not to the company but to the bad boss. Always remember baby. You can surely find better greener pastures elsewhere Bye.
From India, Madras
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From India, Madras
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Dear Veet,
I know you very well. Your salary has been revised, and you are not working in a proper way. I suggest you should take some responsibility in your hand and prove yourself as a well-wisher of the company.
Best Regards,
Sajid
Dear Khan,
Please find below the calculation of gratuity:
Keep in mind: basic wages + other allowances (excluding conveyance).
Payment of gratuity eligibility: 5 years completion (in case termination due to health problems, other legal termination not based on disciplinary practices by the employer, the liability to pay from the employer's side). 15 days payment of basic wages (current pay rate) in a year.
Eligibility for a year: for working days including leaves with wages, accidents, maternity leaves, etc.: 190 days (where the weekly working period is less than six) in 1 year & 95 days for six months; 240 days (for types of industry) in one year & 120 days for six months.
In a seasonal factory: 75% attendance. Excess of six months assumes a complete one year. Maximum of gratuity: 3.5 lakhs.
Calculating: Monthly rate divided by 26 & then one day's wages multiplied by 15 for one year. For daily wages/average piece rate * 15 for one year. Nomination at form F within one year after joining.
Payment: Within 30 days from the payable date or within 30 days from the left/last day of the employee's tenure.
Best regards,
Sajid Ansari
Hi,
How are you? We are providing social compliance services for Social/ethical/HR/legal. Please visit [Global Overseas - Home :: Compliance Audit, ISO certification, BFSI Audit, Export, Jem, Jewellery, chemical Industry](http://www.globaloverseas.in) & write to us.
Best Regards,
Sajid Ansari
9899775578/09958404503
011-22450753
From India, Delhi
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I know you very well. Your salary has been revised, and you are not working in a proper way. I suggest you should take some responsibility in your hand and prove yourself as a well-wisher of the company.
Best Regards,
Sajid
Dear Khan,
Please find below the calculation of gratuity:
Keep in mind: basic wages + other allowances (excluding conveyance).
Payment of gratuity eligibility: 5 years completion (in case termination due to health problems, other legal termination not based on disciplinary practices by the employer, the liability to pay from the employer's side). 15 days payment of basic wages (current pay rate) in a year.
Eligibility for a year: for working days including leaves with wages, accidents, maternity leaves, etc.: 190 days (where the weekly working period is less than six) in 1 year & 95 days for six months; 240 days (for types of industry) in one year & 120 days for six months.
In a seasonal factory: 75% attendance. Excess of six months assumes a complete one year. Maximum of gratuity: 3.5 lakhs.
Calculating: Monthly rate divided by 26 & then one day's wages multiplied by 15 for one year. For daily wages/average piece rate * 15 for one year. Nomination at form F within one year after joining.
Payment: Within 30 days from the payable date or within 30 days from the left/last day of the employee's tenure.
Best regards,
Sajid Ansari
Hi,
How are you? We are providing social compliance services for Social/ethical/HR/legal. Please visit [Global Overseas - Home :: Compliance Audit, ISO certification, BFSI Audit, Export, Jem, Jewellery, chemical Industry](http://www.globaloverseas.in) & write to us.
Best Regards,
Sajid Ansari
9899775578/09958404503
011-22450753
From India, Delhi
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Dear Sajid, Thanx alot for this valuable information , will u pls also give me knowledge abt leave policies, types of leave and its condition. Thankx & Regards, Salman Khan
From India, Sangli
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From India, Sangli
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Dear Mr. Khan, Please advice your state,i will let know you know specifically about leave policy in details and what presently you are following in your factory. Best Regards Sajid
From India, Delhi
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From India, Delhi
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Hello Veet,
If you are harassed by one person, it means you are efficient in your job because all others are happy with your work. This issue is something personal between you and the management staff. Have you discussed this matter with your boss to resolve it? If your boss can't address the problem, consider looking for a new job. Self-satisfaction is essential, so don't work in frustration. Be confident in yourself.
Regarding a transfer, companies often make such decisions, so don't worry. Start searching for a new job. Changing the mindset of your management is challenging and won't happen overnight. It may affect your performance, efficiency, and confidence level.
In the case of legal concerns, visit your nearest labor office and seek advice from the authorities on what to do. Before taking any action against them, ensure you have strong proof. Collect evidence and seek support from others. Legal actions require substantial evidence, so it's crucial to gather proof.
Dear Members,
I have been working in a listed company for the past 1.5 years, and for the last 6 months, I have faced harassment from one of the management staff. Even after being transferred to another branch, I am not given responsible tasks and often remain idle. Now, my immediate boss has advised me to search for a new job and leave the company.
Despite being efficient in my role, I feel victimized for not aligning with the demands of a particular management staff member. I am concerned about the impact on my career, as I was initially employed and later subjected to unfair treatment.
Is there a platform where I can file a complaint against the company for what seems like career sabotage? Your guidance on this matter would be greatly appreciated.
Veet
From India, Pune
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If you are harassed by one person, it means you are efficient in your job because all others are happy with your work. This issue is something personal between you and the management staff. Have you discussed this matter with your boss to resolve it? If your boss can't address the problem, consider looking for a new job. Self-satisfaction is essential, so don't work in frustration. Be confident in yourself.
Regarding a transfer, companies often make such decisions, so don't worry. Start searching for a new job. Changing the mindset of your management is challenging and won't happen overnight. It may affect your performance, efficiency, and confidence level.
In the case of legal concerns, visit your nearest labor office and seek advice from the authorities on what to do. Before taking any action against them, ensure you have strong proof. Collect evidence and seek support from others. Legal actions require substantial evidence, so it's crucial to gather proof.
Dear Members,
I have been working in a listed company for the past 1.5 years, and for the last 6 months, I have faced harassment from one of the management staff. Even after being transferred to another branch, I am not given responsible tasks and often remain idle. Now, my immediate boss has advised me to search for a new job and leave the company.
Despite being efficient in my role, I feel victimized for not aligning with the demands of a particular management staff member. I am concerned about the impact on my career, as I was initially employed and later subjected to unfair treatment.
Is there a platform where I can file a complaint against the company for what seems like career sabotage? Your guidance on this matter would be greatly appreciated.
Veet
From India, Pune
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I think Ash is ryt ...may be his performance has not been communicated ..then its the prob of his boss..who dont have good communication skill.. and his boss wu'd not highlight his own prob..coz he knows if he will say abt Veet is good performer ..his seniors wil be fire on him….thats y he kept silent…BAD ,SCARED & SKILL LESS BOSS....
From India, Pune
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From India, Pune
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Don't say sorry, dear, it's natural because we know that she is very efficient in the office as well as on Cite HR. A person like you doesn't have that kind of skill to convey the message, to share the knowledge, and satisfy himself by continuously saying "sorry to say that you have enough time (if you are from HR?) for posting long, worthless advice for each and every topic." But it's not your problem; it's a human being. I am also sorry, Dada, but it's true. As you spent two minutes here writing this nonsense, in the same time you could give some advice as well. Didn't you find people like ASH, Simhan, Peer Mohammed, and Malik Ji are giving free advice? Oh, it's also the same thing - people don't value free advice. I will suggest they should start charging for every advice.
From India, Pune
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From India, Pune
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I agree with what Abhi has said. At times, the bosses develop personal rifts or are themselves not good leaders, so they want everybody to follow them and not come to the limelight. So in such a case, either put up a brave fight by talking to some other senior, tell them your grievance, and ask them to give you a chance to perform or look for a better opportunity. Your knowledge and skills will always get you somewhere good; the right time always comes. Be bold. :)
From India, Chandigarh
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From India, Chandigarh
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Oh, Dada, no need to be sorry! I really have enough time (good with time management). And trust me - I need to keep away from so many dadas at work. At least handling one dada on citehr is much better :-D They are really a waste of time!
From India, Madras
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From India, Madras
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That's how the "hire & fire" policy works:
Well, that is the way many family-owned, closely held private sector companies in India function. One should not seek justification because an individual employee's term is based on the same principle as Governors of Indian states; it is entirely at the pleasure of your business owner. The methodology adopted in this case is the typical approach, wherein there is least risk involved. When an employee resigns, he does it (apparently and in the courts of law) at his own will, which saves the company from any contingent compensation (e.g., if the ex-employee commits suicide, his widow cannot haul the employers to court). Believe me, friend, the dice is heavily loaded in favor of the employer, and that is the reason Labour Courts try to favor the employee in their attempt to correct the injustice.
Regards.
From India, Delhi
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Well, that is the way many family-owned, closely held private sector companies in India function. One should not seek justification because an individual employee's term is based on the same principle as Governors of Indian states; it is entirely at the pleasure of your business owner. The methodology adopted in this case is the typical approach, wherein there is least risk involved. When an employee resigns, he does it (apparently and in the courts of law) at his own will, which saves the company from any contingent compensation (e.g., if the ex-employee commits suicide, his widow cannot haul the employers to court). Believe me, friend, the dice is heavily loaded in favor of the employer, and that is the reason Labour Courts try to favor the employee in their attempt to correct the injustice.
Regards.
From India, Delhi
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Hi,
As per your post, I would like to offer my best advice, which is to leave the company. As you mentioned, you are an efficient worker, and you can find good opportunities elsewhere. In most Indian companies, there are no stringent policies on the "welfare of women" that apply only to a four-square room. It can be challenging to constantly fight against such a foolish boss.
With regards,
Naresh
From India, Hyderabad
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As per your post, I would like to offer my best advice, which is to leave the company. As you mentioned, you are an efficient worker, and you can find good opportunities elsewhere. In most Indian companies, there are no stringent policies on the "welfare of women" that apply only to a four-square room. It can be challenging to constantly fight against such a foolish boss.
With regards,
Naresh
From India, Hyderabad
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Hi Veet I dont know your gender, I am writing this w.r.t women mainly and gender harrassement. Take away all genders and it can be used as neutral : ) In case if you have not given up to harassment, there are various laws applicable to working women's protection in India which can come to your aid. It’s your employer’s responsibility to ensure that employees are not harassed. One of the Laws applicable could be Sexual Harassment of Women at their Workplace (Prevention) Act, 2003. And its important for all organizations to have a written down harassment policy. Each and every HR professional has to make sure that his or her company has this in place and also it is communicated to all employees during induction itself. Few things which I can point out w.r.t. to Sexual harassment are : Sexual Harassment -Quid pro quo -Hostile environment Examples of actions include Leering, i.e., staring in a sexually suggestive manner Making offensive remarks about looks, clothing, body parts Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc. Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images Other actions Use of racially derogatory words, phrases, epithets Demonstrations of a racial or ethnic nature Comments about an individual’s skin color or other racial/ethnic characteristics Making disparaging remarks about an individual’s gender that are not sexual in nature What you are facing is hostile environment. Please take up this matter with your Ombud person9if there is any) else speak to HR Boss, if your HR Team is incompetent and then may be to someone senior in the company. In all cases please bring this into limelight so that the person refrains from his/her actions and now and also in future. This will help your organisation to build a good culture. Few More tips: (I got this from net) Speaking out: Speaking about sexual harassment is an effective tool in combating it. While speaking about it, the problem becomes visible, it is acknowledged that it exists, and this in turn leads one to take effective measures against it. Speaking about sexual harassment also gives an opportunity to clarify by this about it. It helps in changing attitudes of people towards this issue. Speaking about it creates an enabling environment for the victim to speak out. It mobilizes public opinion against it. It makes it difficult for a potential harasser to commit the crime. It equips people with information as to what is to be done in such a case. Speak up at the time: Be sure to say "NO" clearly, firmly and without smiling as that is the best way to let the harasser know that his behavior is offensive. Objecting to the behavior when it occurs helps if you decide to file charges later. Keep records: Keep track of what happens in a journal or diary and keep any letters or notes or other documents you receive. Write down the dates, times, places, and an account of what happened. Write down the names of any witnesses. Write a letter. People have successfully stopped sexual harassment by writing a letter detailing the behavior that is offensive and asking the person who is harassing them to stop the behavior. The letter should be polite, unemotional, and detailed. Such a letter seems to be more powerful than a verbal request. The recipient of the letter seldom writes back; the person usually just stops the behavior. Set your own boundaries: Say "NO" emphatically and clearly when you are asked to go places, do things, and respond to questions, or engage in situations that make you uncomfortable. Do not worry about offending the other person or hurting his or her ego. Take care of yourself first. Be aware of situations and people who may harm you: Don't ignore other's warnings about particular people or social settings. Acknowledge their concern for you and for themselves. Trust your own instincts about possible danger: In an uncomfortable situation, be direct and honest, and remove yourself from the situation immediately. Regardless of your previous behavior or signals you may have given earlier, you have the absolute right to halt any sexual exchange at any time. Accept this right and act on it. Tell someone: Being quiet or stoic about sexual harassment lets it continue. Talk to other co-workers; you may not be the only one harassed by this person. Do not blame yourself and do not delay. Create a Witness to the behavior: Inform a trusted colleague and try to insure that s/he is an eye or ear witness to an situation where you are being sexually harassed. This will be useful later if you chose to file a formal complaint. Send a copy of sexual harassment policy / rules to the harasser. If your workplace already has an anti sexual harassment policy or the conduct rules of your institution prohibit sexual harassment, send a copy of the institution policy/conduct rules to the harasser with the appropriate sections underlined. Talk to a union: If you are a member of a Labour union, talk to your union representative. Get a medical check-up: If you have been raped or physically assaulted, go for a medical check-up. Obtain a medical report. This is important, should you decide to pursue a legal case. Report sexual harassment to the appropriate person in the organization: Explore the different avenues available to you and file a formal complaint if necessary. If your organisation does not have a policy, ensure that your employer formulates an anti-sexual harassment policy and carries out all the connected tasks. Documenting Harassment Documenting the harassment is important for use as evidence in a case or complaint. You should: Photograph or keep copies of any offensive material at the workplace. Keep a journal with detailed information on instances of sexual harassment. Note the dates, conversation, frequency of offensive encounters, etc. Obtain copies of your work records (including performance evaluations) and keep these copies at home Other documents that you should have: A company policy and procedure manual is very important to have. The company's documented policies on sexual harassment, discrimination, performance appraisals, termination, affirmative action plans can be very important to show their stated policies versus their actions. Company newspapers, annual reports, pictures of its top executives, posters, company credo, company surveys are important to show the environment and its hostility towards women. Take all letters of commendation, awards, thanks you's and anything at all that will corroborate your positive job performance. Pay special attention to documents that your superiors have provided lauding you and your work. If possible, ask your clients, staff, and peers for letters of commendation. Every document that you use during trial must be authenticated by a witness. Keep this in mind during your depositions when the defense asks you where you obtained a document. If you are not clear about where you got the document, and who can authenticate it, you will not be able to use it during your trial. Also please read through Vishaka guidelines and ask your HR guys to brief you on Harassment Policy, in case if your organisation doesn’t have any such policy, they anyways are not worth working for! Having said that its our basic responsibility to stand up and speak for unfair practices. In 2007, there was an interesting case study in Human Capital on settling scores where the boss tried to settle scores with junior by not giving work and sidelining the person. Grab a copy if possible, a lady called Sonal Mattoo had given her comments there. If this is getting worse, please involve third party like her. She is the Director of ‘Helping Hands’ might be able to intervene. Regards Celina
From India, Delhi
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