Savinay Patel
Asked June 20, 2016

Harassment by employer: what do I do

  • 1 Answer
  • 252 Views

Dear Sir/Madam, I was working in pharmaceutical industry and i have signed 2 years bond. after 10 months i gave my resignation by mail and immediately left the company. my salary is 14000 only and my bond amount is 28000 i.e 2 months' salary. The reasons behind my resignation are torturing and pressuring to carry out corrupt acts (for approval and permission from the food and drug department). I have some pictures for traveling; my expense and expense was approved by CMD of company. Also, they were transfering my work to diff. department and pressuring me to work in a diff department. Now, please help me and what can i do? can i give reply to lawyer or company? can i say that i have proof that they carried out corrupt practices?

Answer 1

It does look like that had it not been for the wrongful pressure and the corrupt practices, you would have continued with your company. You certainly have grounds to legally challenge your company. Nevertheless, how you do it depends on whether you would like to continue working there (under mitigated circumstances) or not. In both the cases, there is a certain procedure you need to follow. First, it is suggested that you file a complaint with your internal human resources (HR) department. This might give you an immediate solution to your problem. You can also file a complaint with the Work’s Committee constituted under Section 3 of the Industrial Disputes Act 1947. This committee is responsible for maintaining goodwill and cordial relations between the company and its employees. Apart from this, the Government also has the discretion to appoint Conciliation officers[1] and constitute Board of Conciliation[2] for promoting amicable settlement of industrial dispute. In all probability, the company should not jeopardize your financial interest and spare you the trouble of paying the bond amount. It might also offer you to take your job back (but these are just probable outcomes if the circumstances favour you).

However, if these methods do not redress your grievance, you can file a private law suit with the civil court. You must have sufficient evidence which proves beyond reasonable doubt that the company is indulgent into corrupt practices and had forced you to be a part of the same. If your standard of proof satisfies the court, chances are you will not have to pay your bond amount since quitting your job was not really your volition. An employer is statutorily prohibited to undertake unfair labour practices[3]. The offence is punishable with an imprisonment for a term of six months or a fine of Rs. 1000 or both, if found guilty.[4]

 

[1][1] Section 4 of the Industrial Disputes Act 1947

[2] Section 5 of the Industrial Act 1947

[3] Section 25T Industrial Act 1947

[4] Section 25U Industrial Act 1947

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