Advocate Prasad Sarvankar

Questions Answered by Advocate Prasad Sarvankar

Q: Remedies in case of Harassment and Demolition of an IT Employee

my daugher, IT employee, put in 20 years service, has been sujected to harassment, demotion, exploitation and gender discrimination.since 6 years when a suit filed in 2011 for harassment was settled out of court. She has been blocked her promotion tried to demote while mapping ;to another project. now she has been put on the bench without giving any project and asked to RESIGN without giving the same in wiritng. was refused by her.Represented to HR who said it is not in the purview of Redressal Grievance Committee. Already legal notice served in Sep 2016 which was replied. need to send fresh notice as lot of developments have happened. The above has happened since 2011 when a suit was filed for harassment which was settled out; of court. this is in connivance of supervisor and Manager.to eliminate her from job. she has commendation to her credit.

Advocate Prasad Sarvankar answered
Issue another notice and proceed for legal action. Since, there is now a new cause of action which has arisen due to recent developments after settling the previous law suit. Do not give anything in writing and make directors of the said company party to the suit.

Q: Remedy for non-payment of salary by the company

Sir I am employed in a company wefApril17.They have paid salary only for April and thereafter no salary has been paid. I am employed as a consultant full time.If I leave the company would I be able to recover my salary and in what time frame.

Advocate Prasad Sarvankar answered
Yes, you can. However, it will not be a salary it will be professional fees as you are a consultant and not an employee.Since you are a consultant, you must have executed a consultancy contract with your company.Please check what kind of dispute resolution mechanism has been agreed and depending upon the same legal action can be initiated.If, no contract is executed then you can approach civil court in your jurisdiction and file a recovery suit.You can also approach NCLT under insolvency and bankruptcy code.Hope, this is of help to you.