Mental Harassment at workplace
There are various categories that can be covered under the purview of harassment at workplace against the employees due to which the employees have to suffer humiliation & Mental Torture (Mental Harassment) and are often exploited by their respective supervisors.
These are the key area of focus in this article. So far there are only some State laws which deal with Mental harassment, however, there have been a persistent call for framing national law on Mental harassment.
The most vulnerable to this plight are the subordinates in offices. This is a scenario in private as well as public sector. Most of the bullying is done by seniors, hierarchy plays a key role. To achieve targets supervisors have to force the employees to labor hard especially the young workers have to face most of the harassment due to higher expectations. Bullying and harassment at workplace lead to terrible effect on the health and well being and performance of the employees. In India, there is no special legislation against bullying at workplace.
Non- Sexual Harassment– Majority of the people believe in the common notion that harassment at workplace can be sexual only. But this is not the case in reality as the following different types can be categorized under types of Non-Sexual Harassment.
- Harassment on the basis of- Race, Sex, Religion and National Origin.
- Harassment on the basis of age.
- Harassment on the basis of disability.
- Defamation- To defame is to damage the reputation or image of the person
- Criminal History- An employee may be harassed for his previous criminal record, whose penalty he has already suffered.
- Citizenship Status- A person belonging to a different nationality may become subject to harassment.
- Racial Harassment- Discrimination on the basis of race.
- Harassment due to different Political Beliefs- Though minor issue but can lead to harassment of the employee by the employer or fellow employees.
- Sexual Orientation and Marital Status.
- Stalking.
Examples include leaving repeated or alarming messages on voice mail or e-mail, following people home, or approaching co-workers to ask for personal information.
- Hostile Workplace Harassment.
- Bullying by the supervisor.
Laws against harassment
Indian labour laws cover a large number of acts under its purview and since labour laws are covered under the concurrent list of the Seventh Schedule of the Constitution of India, so both central and state governments have jurisdiction to pass their own laws on relations between the labourers and relating to issues of the employment.
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HARASSMENT BY DEDUCTION OF UNREASONABLE WAGES BY EMPLOYER
Payment of Wages Act, 1936 is intended to be a remedy against the unreasonable and unauthorized deductions made by the ‘Employer’ or unjustified delay in payment of wages.
Section 5 of the Act specifies the Time of payment of wages- Timely payment of wages should be made. If manpower is less than 1000, then 7th day of the month and if more than 1000, then 10th day of the month.
Section 7-13 defines the Deductions- No unreasonable and unauthorized deductions should be made from the wages.
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HARASSMENT BY SEX DISCRIMINATION
Employees can be harassed by not following the Principle of Equal Pay for Equal Work. According to Article 39(d) of the Constitution and Section 2(h) of the Equal Remuneration Act 1976 it is the duty of the employer that every employee should receive same remuneration for similar nature of work.
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HARASSMENT BY DEFAMATION
Section 499 of the IPC defines the Defamation if it is a Criminal Wrong. Otherwise in civil cases defamation can be included under the Law of Torts.
4. HARASSMENT BY UNREASONABLE CLAUSES IN THE EMPLOYMENT AGREEMENTS
Dismissal Regulation
Industrial Disputes Act 1947
Chapter 5A: LAY OFF AND RETRENCHMENT
This Chapter lays down that a 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience.
- DISCRIMINATION ON GROUNDS OF PREGNANCY AND DISABILITY
According to Maternity Benefit Act, 1961 it is unlawful and unauthorized on the part of the lawyer to discharge or dismiss women when she absents herself from work within the provision of this act.
Section 24A of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 guarantees no discrimination in employment.
10 signs that you’re being bullied at work
Others in your work group are receiving preferential treatment top projects, travel perks and free time. Meanwhile, you find that most of your requests along the same lines are denied without reasonable explanation.
Your progress goes unseen
Say you’ve been given a directive with certain objectives, an ultimate goal and a deadline. You work hard and with focus only to find out, that suddenly there’s a change in direction on the project. Your progress is not celebrated or applied to the new project, but not even taken into account.
All your decisions are questioned
So you are constantly bombarded by excessive micro-managing? You don’t feel like your intuition or decisions are being trusted, and you can’t explain why.Your boss and others hover over you much more than telling you what to do (and what not to do). You get the sense that you are wrongly perceived as incompetent and your decision-making capability is greatly reduced as a result.
You are socially alienated
All of a sudden, you’re excluded from meetings you once attended. Your colleagues tend to discuss work prior to your arrival and you are left with absolutely no clue what to do. Besides, you are not marked on important mails. Co-workers tend to avoid you and keep interaction to a minimum. You may also find that you’re no longer invited to post work drinks with your teammates.
You often feel targeted
Often, when you make a comment, suggestion or disagree with someone’s opinion, you’re responded to with a plethora of responses by others. It doesn’t matter whether you’re right -the gang mentality is determined to prove you wrong.
Your health is failing
Mentally, you’re drained and your energy is zapped. You’re sleeping more and getting out of bed is a real task for you. Exercising and socialising with your folks is a chore. Bullying can lead to depression, anxiety, panic attacks and mood swings. There are physical symptoms such as increased blood pressure, rapid heart beat, and loss of appetite (or excessive eating).
Have experienced verbal spat
You’re subjected to negative, abusive language -reprimanded often in front of the entire office. Verbal abuse can also be more subtle than loud insults.You may find that you are being joked around with in a way that makes you feel uncomfortable and small, and that too can be verbal bullying.
Your work is publicly diminished
Your dedication to your job is not acknowledged by your boss or they give credit to others (for your hard work) in a public setting such as a meeting.
Face unnecessary criticism
It seems that in the eyes of your boss, you are ineffective and unprofessional. Feedback is always provided in the form of criticism and delivered in a way to make you feel awful about yourself. There’s no effort to provide guidance.
Presented unreasonable obstacles
So does the boss man purposely throw roadblocks in front of you to prevent you from successfully completing a project? Now, this is a major act of bullying.
How To Deal With Bullies At Office
Record everything in a journal. Learn about your company policies regarding bullying and prepare to take action.
Have a backup plan in place. You may even want to look for another job, because when you have the security of a backup job, you feel more empowered to face the situation.
When you discuss the issue with senior management, provide ample evidence. Be prepared for the eventuality that you may have to quit.
Dealing with bullies at office can be tough. Limit the damage as early as you can, and get out of the company if they are unable to protect their employees.
CONCLUSION
Thus we see that Indian Labour Laws not only takes Sexual Harassment, Mental Harassment At Workplace into consideration but also all other types of harassment that can happen at the workplace as stated above. Certain acts have been laid down by the government governing every issue to protect the interest of the employees and workmen in almost every sector of the industry.
Still, in India a worker can seek redressal under different provisions provided under the constitution of India, IPC, and C.P.C. The Indian Constitution under various articles provides labor rights. Though not in evident form but indirectly various articles protect the labour rights. For instance, Article 14 of the Indian Constitution lays down the concept of Equality before law. In the case of Mewa Ram v. A.I.I. Medical Science , the Supreme Court, held that.
“the doctrine of ‘equal pay for equal work’ is not an abstract doctrine. Equality must be among equals, unequal people cannot claim equality.”
Indian constitution through various articles21, 23, 24, 38, 39, 39-A, 41, 42, 43, 43-A and 47 provides an idea of what conditions should be provided by the employers.However, some of these articles do not have binding effect which at instances hinders justice. Part 4 of the constitution talks about the duty of the state to promote social welfare and to make effective provisions for securing the right to work, providing education and public assistance in cases of employment, etc., which is subject to limits of its economic capacity, to make special provisions for just and humane condition of work and for maternity relief, etc.
In the case of Consumer Education and Research Centre v. Union of India.
“Right to life includes protection of the health and strength of the worker is a minimum requirement to enable a person to live with human dignity. The right to human dignity, development of personality, social protection, right to rest and leisure are fundamental human rights to a workman assured by the Charter of Human Rights, in the Preamble and Arts.38 and 39 of the Constitution.”
Hope we answered on how to deal when Facing Mental Harassment from Boss at Workplace
How to approach copy right claims from a company?
Is there Rull/Law/ Provision in Pvt. Industry SAME RANK/Designation SAME Salary In Aryan. In spite of that Qualification or Experience is Same
The internet should provide a JOB Portal Feedback of HR Behaviour/ Contract issued as offer /Superior Reporting /BOSS behaviour in a company . Definition of company of less than 20 employees, or more than 20 employees. Existing Job Portals for online jobs are great but take no feedback of why an individual quit his job.
Today people have commuting, reaching on time without transport (accident ratio is 19 fatalities per hour) ; erratic behaviour of reporting managers and HRs, food issues (no one has the time to cook and report to work by 9.00am) , working monday to safturday gives no one time to follow up on personal work and children. Connecting to family requires 24 hours journey time . Only if you have a Company review at exit compulsory you will be able to resolve these issues.
Strongly agree with u sir..
It happened with me
I resigned today and this email came in my inbox today.
After reading these I am amazed lots of things mentioned have had happened with me.After bearing this for long time I approached higher management but nothing happened I was asked abt opinion & I had to say yes to part away from my dept.
But what about the bullying,discrimination,unnecessary criticism,failing health, being targeted every damn time, changing targets multiple times,progress is unseen, decisions are questioned.certain targets only on me but not on other fellow collegues who has same job profile.
WHAT IS THE NEXT STEP ? WHERE CAN WE APPROACH FOR DEFAME AND SPOILING OUR CAREER.pls reply.
I have filed complaints for workplace harassment before 1 and half year my organisation not taken any action or enquiry against That person and requested me to sit in head office for two months they will take action against him but till last 1 year I was sitting there but no action taken by organisations against him no replied my complaint. My whole family suffered a lot because of all this. What I can do
My boss giving me mentally harassment always i am very upset now i have migraine episode always shouts on me abusing me he is official permitted me leaves after 2 months only 2 then when i will reach at home then call me come back tomorrow morning after 300 km one sided .in the meeting also very rode and abusing front of all my staff members .he have approach of my organisation boss what i can do
Hey there just wanted to give you a brief heads up and let you know a few of the images aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different web browsers and both show the same results.
The information is very good. There is lot of Workplace harassment in multiple forms, but no one is aware of how their grievances can be resolved and whom they should approach . Even filing written complaints to appropriate authorities has proved to be futile. It would have been nice if you could also inform us what speedy measures we can take .
Bullying and Mental harassment are conman in most of the work place. At times corporate politics are worst then an political politics. Its destroyers the peace and health of the family with financial loss. Its been said “zulm karne se jyada zulm sahena paap hai ” So if anyone has been framed or targeted then he or she has to report this to the management. But… before doing this one has to follow all the steps systematically. He or She has to not only report verbally but also has to write email to the concern mangers and management. Before doing this employee has to create a folder where all the email correspondence from your boss or management regarding your work .. some wrongful work which were forcibly made to do by you from your boss…your reply emails all should be documented. You will get many sites saying you need to work harder to cope up with your boss or change the job. Changing the job is a backup plan as you wont know the problem not only lies with your immediate boss but also the top hierarchy. Having said that you should always highlight the issue to the management both verbally and email. When you write an email first you need to address it to your boss very politely and address the issue in positive manner even if he is rude with you. This the first step where one has to control your temper and anger or you will invite problem to yourself. If your boss doesn’t reply then do follow up with chain emails this is very important to document all the records. Even if he does’t reply or even if he replies with unfavorable message. Then its time for you to take forward with same chain email reply to your boss and cc to your higher management. When you do so address every hierarchy in your email step by step and get most of the management in your email. This will stand as your strong proof and even when management sees every email send by you has everyone’s top management email address then they have to take action or reply to your email and has to resolve the problem asap or else they too can be booked when you file a case against company. Every employees don’t have enough proof to stand strong to fight against the company. Even after this they don’t respond to issue or don’t resolve your problem then one can file the case against them . But before doing this you should have backup job in place as companies are like politicians they are least bother about your jobs. But mind you all companies are not same there are good companies who take care of their employees too. But if you are working anywhere you have to follow this and work as per companies norms. I hope this will help you guys..
I have resigned from the organisation, earlier my senior forced me to extend the pre-decided date of relieving and serve more and got all the details related to relieving edited from back-end.
Now even after all the formalities that are done they call me unnecessary and ask to visit the office.
There are calls random and countless.
Do we still call them educated and professional.
I resigned my old company last year. Now my old boss is bothering me. He is sending a notice through his account. In the notice, he told me that in the agreement I had signed, I had written that I have to tell him 6 months before leaving the job, but I told him 1 month before. When I gave the resign, my boss accepted it. Now he is sending me notice again and again. Help me what do i do
Sir I am working in a govt of india Psu ……my seniors are continuously harassing me and tourchering me. Even my CMD of the organisation is involved in this harassment .I am a too junior officer to him …but how to file harassment case against them
I am a mother and this helped me!
sir
you provide important information most of people do not heard about this law and suffering from depredation.but your blog help those guy…
At times corporate politics are worst then an political politics. Its destroyers the peace and health of the family with financial loss.
Very apt and well-explained information! I faced similar workplace harassment in Cognizant Technology Solutions Hyderabad. I can confidently mark all the points which are mentioned under mental harassment and bullying!
Also, this happened to me when I was going through the grief of a deceased family member!
The HR management blindly took the harassers’ side, as they didn’t want to work and look at all the proofs which I could share. Rather the HR talent manager verbally abused me in the office canteen infront of her boss and super boss!!!! Plus, I was being stalked by the HR team in the name of investigation, while my laptop and access to office emails had been revoked.
I am a Pakistani scientist and I agree.
Dear All, Please advise on the below matter.
False/ Mala Fide background check Feedback provided from Previous Employer to ruin an employee future.
After serving 5+ years of service in an organization, when an employee resigned from the company and served full notice period as per company policy and provided proper download of task to the assigned employees and also handover of all the IT equipment’s to get proper relieving cum experience certificate from previous employer.
Even, after possessing of all proper documents from previous employer (Offer letter, Reliving letter etc. When the third party background check( BG) was initiative by the prospective employer then the previous employer provided the false/ mala fide feedback to the third party agency and ruin the future of employee.
Kindly provide your views and legal remedies on this matter for further action.
Thanks,
I WAS WORKING IN SUNRISE FACILITATE PANCHKULA, UNDER CONTRACT IN CBSE RO SEC 4 PANCHKULA, SINCE DEC 2019 TO AUG202, FOR 9 MONTH THEY WERE DEDUCTING PF AMOUNT, BUT DID, NT DEPOSITED INTO PF ACCOUNT, FOR 8 MONTHS MY PF ACCOUNT IS COMPLETELY BLANK, THIS COMPANY HAS BEEN STOLEN MY MONEY.
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