Mental harassment at work place

569 votes

There is no specific law that deals with mental harassment at work place in India. As such there are no clear guidelines either to follow when dealing with any such case. Thus an internal complaint would not be mandatory however it would help make your case stronger if you were to go to court. Evidence, whatever can help either documentary or secondary would be useful depending on what transpired in your case. Where verbal communication is concerned you could substantiate with the help of any witnesses. If there are none an affidavit from you is the best you can do. As regards specific incidents you will have to be able to prove how it amounted to harassment.

Advocate Rohan Mittal LawRato

547 votes

Mental harassment is not defined under the law, though in the event you are made to work in excess of 48 hours a week, that may be violation of provisions of labour laws. Yes calling by names to a woman colleague amounts to sexual harassment at workplace and you may be prosecuted for the same, in addition to action by your employer. Though internal compliant is not mandatory however police may not take any action in case there is mental harassment.

For more specific details you may contact me.

Advocate Vivek Nasa LawRato

811 votes

Dear first make a complaint to the top most concern regarding the whole incident and your sufferings. After that you should consult an advocate with all your documents that is appointment letter, hr policy, company details whether it is registered under SE act of the state or not etc. After complete study of your situation advocate can file a petition to your respective labour Court.

Advocate Sandigdha Mishra LawRato

641 votes

Hi, this is Adv Vikas Sangwan from Gurgaon. Firstly you need to give a written complaint about the whole incident to your company's HR team. There may be a separate designated person for work place harassment in your company. They may resolve your complaint, if not you have the other options to go to court for the same. If you need any legal assistance, you can contact me for legal proceedings.

Advocate Vikas Sangwan LawRato

700 votes

Happy to help you. I am glad that you have identified the problem. Happens to several people and they dont understand their rights and end up in a much worst state than you are in. Will have to meet you to build a strategy for you. I and my team work out of Gurgaon and Delhi. Feel free to set up a meeting with us through Law Rato.

Advocate Pritika Kumar LawRato

822 votes

You may complain to your manager or the HR and try to raise the issue at your company level and then try to solve it as per the policy of the company. If you wishes to go legal way then you will have to issue legal notice first through a counsel

Advocate Mohd Atik Iqbal LawRato