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Transfer on the grounds of harassment and discrimination by employer
13-Aug-2023 (In Labour & Service Law)
I work in Public sector. I made complains against my Regional Manager for harassment and discrimination on the basis of mental illness in the past. He wasn't allowing me to report after recovering from an illness as a personal grudge for taking long sick leave and cliche mindset towards psychiatric illness of depression and anxiety. I have made complaints at all levels but everyone directs me to him for resolution. It's an irony that i am being asked to report and explain my situation to the same person against whom the complaint has been made. I am scared to report at a place where i have been an eye sore and subject of hostility for last 18 months. I want a transfer from my current posted state to any other state for my safety and peace of mind. What are my options?
Hi,
Without going into the provisions of law applicable in your case, I would need to see your documents before any rendering opinion. Documents are required to see as to what are the transfer terms in your employment contract and other favourable points in those documents.
Harassment is not only mental and physical, the law has extended its definition to include a "Hostile Environment" . THe element of hostile environment is very much present in your case.
Feel free to contact me for any assistance.
Without going into the provisions of law applicable in your case, I would need to see your documents before any rendering opinion. Documents are required to see as to what are the transfer terms in your employment contract and other favourable points in those documents.
Harassment is not only mental and physical, the law has extended its definition to include a "Hostile Environment" . THe element of hostile environment is very much present in your case.
Feel free to contact me for any assistance.
Helpful?
27+
27+
Adv. Shivee Pandey
Delhi | 25+ Answers
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Mental harassment law in India
Mental harassment section IPC
IPC section for mental harassment by relatives
IPC section for mental harassment by neighbour
IPC Section for harassment on phone
Punishment for mental harassment in India
Mental harassment case punishment
IPC section for harassment
Please take note of your options -
1. You can write a formal email about the harassment being faced at the hand of your senior and an enquiry over the same.
2. You can ask for domestic enquiry over the said matter which is an independent body to hear these sorts of matter. Both parties (complainant and accused) have the rights to represent their case just like a court case and you can ask for your transfer as well. Only difference in between the domestic enquiry and court case is over here you can't hire an advocate to represent you and your panel will be of those who are senior most officer of your organization. Besides this there will be one outsider who will be a legal expert who will hear this mattee judicially and will help the panel to pass an order.
3. If the organization refuses you domestic enquiry or the domestic enquiry committee passes a wrong order against you then you can approach the court for the same.
1. You can write a formal email about the harassment being faced at the hand of your senior and an enquiry over the same.
2. You can ask for domestic enquiry over the said matter which is an independent body to hear these sorts of matter. Both parties (complainant and accused) have the rights to represent their case just like a court case and you can ask for your transfer as well. Only difference in between the domestic enquiry and court case is over here you can't hire an advocate to represent you and your panel will be of those who are senior most officer of your organization. Besides this there will be one outsider who will be a legal expert who will hear this mattee judicially and will help the panel to pass an order.
3. If the organization refuses you domestic enquiry or the domestic enquiry committee passes a wrong order against you then you can approach the court for the same.
Helpful?
42+
42+
Adv. Pulkit Prakash
Delhi | 400+ Answers
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U can file case for harassment against him , and make compromise @ transfer . U should have sufficient proof against him , u have to provide us ur bye laws . So that best advise can be given to u. Pls contact us all ur documents
Helpful?
33+
33+
Adv. Alok Rattan
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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