Dear All,
Greetings!!
This is a common question we HR professionals receive in most group and social site discussions. Sometimes, even a few employees consult us regarding this prevalent issue, which is very problematic nowadays in many software companies.
We have noticed an increase in cases where an employee is unable to lodge a complaint regarding his or her manager's behavior during working hours. Employees often complain that their manager's behavior is very rude, leading to mental harassment for them every day, even though it does not involve any physical misbehavior.
According to the law or common corporate practice, what options do employees have in such situations? Are they authorized to lodge a complaint at the nearby police station, or are there different provisions for this?
In many companies, internal committees for handling such issues are non-functional. Even after numerous meetings between HR, the employee, and the employee's manager, employees are not finding a resolution to this serious issue.
Considering all the points mentioned above, I would like to explore and discuss more about the legal options available to employees in such cases.
Regards,
Dipesh Prabhakar
Lead - Talent Acquisition
From Ghana, Kumasi
Acknowledge(0)
Amend(0)
3Greetings!!
This is a common question we HR professionals receive in most group and social site discussions. Sometimes, even a few employees consult us regarding this prevalent issue, which is very problematic nowadays in many software companies.
We have noticed an increase in cases where an employee is unable to lodge a complaint regarding his or her manager's behavior during working hours. Employees often complain that their manager's behavior is very rude, leading to mental harassment for them every day, even though it does not involve any physical misbehavior.
According to the law or common corporate practice, what options do employees have in such situations? Are they authorized to lodge a complaint at the nearby police station, or are there different provisions for this?
In many companies, internal committees for handling such issues are non-functional. Even after numerous meetings between HR, the employee, and the employee's manager, employees are not finding a resolution to this serious issue.
Considering all the points mentioned above, I would like to explore and discuss more about the legal options available to employees in such cases.
Regards,
Dipesh Prabhakar
Lead - Talent Acquisition
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Hi Dipesh,
It is true that there may be no specific laws as of now against mental harassment in the workplace, unless the act of mental harassment can be linked to any other situation which has set laws in place, or ultimately to Article 21 of the Constitution, which is about the right to life and therefore the right to employment being linked to sustaining the right to life. Mental harassment can lead to a hostile work environment for the employee under focus here, hampering his or her ability to work at the organization and thus threatening the means to support the person's livelihood and life.
This way, you can link actions leading to mental harassment to various acts.
From India, Bengaluru
Acknowledge(0)Amend(0)
It is true that there may be no specific laws as of now against mental harassment in the workplace, unless the act of mental harassment can be linked to any other situation which has set laws in place, or ultimately to Article 21 of the Constitution, which is about the right to life and therefore the right to employment being linked to sustaining the right to life. Mental harassment can lead to a hostile work environment for the employee under focus here, hampering his or her ability to work at the organization and thus threatening the means to support the person's livelihood and life.
This way, you can link actions leading to mental harassment to various acts.
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Nelsonthomas9102,
I appreciate the way you presented your thoughts. In most cases, employees don't complain to management regarding this because of:
(1) Fear of losing job
(2) Defaming
(3) Thinking Managers may have a better hold on decision-makers' views, and employees fear that they'll be unheard even after a formal complaint
(4) Employees don't know the process or legal clauses related to it. On the other side, the employer may have various legal options and information to deal with such cases.
I understood, talking to many people lately, that somewhere they feel assaulted, demotivated, and mentally harassed due to managers/leads/managements' behavior.
Considering all these points, I have initiated this discussion here to have better clarity, thought process, and maybe some sort of solution and legal advice.
From Ghana, Kumasi
Acknowledge(0)Amend(0)
I appreciate the way you presented your thoughts. In most cases, employees don't complain to management regarding this because of:
(1) Fear of losing job
(2) Defaming
(3) Thinking Managers may have a better hold on decision-makers' views, and employees fear that they'll be unheard even after a formal complaint
(4) Employees don't know the process or legal clauses related to it. On the other side, the employer may have various legal options and information to deal with such cases.
I understood, talking to many people lately, that somewhere they feel assaulted, demotivated, and mentally harassed due to managers/leads/managements' behavior.
Considering all these points, I have initiated this discussion here to have better clarity, thought process, and maybe some sort of solution and legal advice.
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Dear Dipesh Prabhakar,
The growth of the organization depends on the organizational culture that the leader creates. The organization is considered the lengthened shadow of the leader. Against this backdrop, the kind of culture to create is the decision that top leadership has to make.
Employee motivation is contingent on the culture of fairness and justice. Another crucial aspect is upward communication within the organization. The top leadership must establish a mechanism where they listen to the juniors, preferably through formal communication channels.
HR plays a vital role in identifying cases of abrasive behavior by managers. To achieve this, they must be well-connected with every department. Attending briefings for employees at the start of working hours or the beginning of shifts is essential for HR. Maintaining records of these briefings is crucial. Additionally, HR needs to maintain a connection with the employees.
Ultimately, what truly matters is the follow-up action by top management. What will happen if no action is taken? What will HR do if burdened with clerical work, leaving no time to stay connected?
This places the responsibility on the shoulders of top management. Unfortunately, not many Managing Directors understand that employee motivation is crucial for organizational growth. In numerous companies, MDs exhibit poor behavior towards employees, fostering a culture of disaffiliation and disconnect. Employees endure this mental disconnect until it becomes unbearable, leading them to eventually leave the company.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
The growth of the organization depends on the organizational culture that the leader creates. The organization is considered the lengthened shadow of the leader. Against this backdrop, the kind of culture to create is the decision that top leadership has to make.
Employee motivation is contingent on the culture of fairness and justice. Another crucial aspect is upward communication within the organization. The top leadership must establish a mechanism where they listen to the juniors, preferably through formal communication channels.
HR plays a vital role in identifying cases of abrasive behavior by managers. To achieve this, they must be well-connected with every department. Attending briefings for employees at the start of working hours or the beginning of shifts is essential for HR. Maintaining records of these briefings is crucial. Additionally, HR needs to maintain a connection with the employees.
Ultimately, what truly matters is the follow-up action by top management. What will happen if no action is taken? What will HR do if burdened with clerical work, leaving no time to stay connected?
This places the responsibility on the shoulders of top management. Unfortunately, not many Managing Directors understand that employee motivation is crucial for organizational growth. In numerous companies, MDs exhibit poor behavior towards employees, fostering a culture of disaffiliation and disconnect. Employees endure this mental disconnect until it becomes unbearable, leading them to eventually leave the company.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Dinesh Divekar,
Greetings!
Thanks for your valuable comments! I second it. Based on the inputs received so far, I have understood that the issue of mental harassment is more related to the company's culture and the level of trust it creates with its employees. If top management and HR leaders are well-connected with employees, the company's resources will be more confident to highlight such issues to them. Unfortunately, top management/leaders are unable to understand it well, and managers/leads are taking advantage of it.
Based on the valuable inputs received so far, I have noted one point that may be helpful for me and others as well: it is the company's HR and top management responsibility to create a healthy environment, to gain the trust of employees so that whenever employees feel they are mentally harassed, they can talk to the concerned people.
The legal aspects of such issues are somehow not clear to me yet. Perhaps a few more rounds of discussions here will help me. I am trying to find a solution for affected people, such as what options employees have as per law or common corporate practice. Are they authorized to lodge a complaint at a nearby police station, or is there a different provision regarding this?
Thanks & Regards,
Dipesh
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Greetings!
Thanks for your valuable comments! I second it. Based on the inputs received so far, I have understood that the issue of mental harassment is more related to the company's culture and the level of trust it creates with its employees. If top management and HR leaders are well-connected with employees, the company's resources will be more confident to highlight such issues to them. Unfortunately, top management/leaders are unable to understand it well, and managers/leads are taking advantage of it.
Based on the valuable inputs received so far, I have noted one point that may be helpful for me and others as well: it is the company's HR and top management responsibility to create a healthy environment, to gain the trust of employees so that whenever employees feel they are mentally harassed, they can talk to the concerned people.
The legal aspects of such issues are somehow not clear to me yet. Perhaps a few more rounds of discussions here will help me. I am trying to find a solution for affected people, such as what options employees have as per law or common corporate practice. Are they authorized to lodge a complaint at a nearby police station, or is there a different provision regarding this?
Thanks & Regards,
Dipesh
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Dear Prabhakar,
Jonathan Haidt's "The Elephant and the Rider" metaphor equally applies to every manager and the people managed by him in the organization. As a manager is the most obvious mentor to his subordinates, it is he who invariably mars or makes the career of his team members. Unfortunately, either due to pressures of his position or the incompatibility of a particular subordinate with his own role, a manager loses his control and frowns upon the subordinate. When it becomes routine, it leads to mental harassment or emotional harassment of the employee concerned who may be poor in his capabilities as expected of by the manager. However, insulting is different from indignation or pulling up.
Though the discussion so far covered the need for avoiding such bullying by managers and the importance of employee motivation and engagement, still you require specific legal remedy for the affected employee. So far as I know, there is no special law on this subject in India barring the PoSH Act. Of course, there are certain Constitutional provisions, provisions under the CrPC, and the Industrial Disputes Act, 1947. But, they are cumbersome and time-consuming. If the HR is as effective as suggested by our friend Mr. Dinesh, the Grievance Settlement Committee constituted u/s 9-C of the IDA, 1947 would help eradicate mental harassment of workman category employees by their supervisors or line managers at the establishment level itself. But what about the category of gold-collared employees across the hierarchy in the organizations?
Of course, there are managers with the trait of ever fault-finding under the influence of their own feigned superiority complex for they may be actually and relatively inferior. Such managers are everywhere. A calculated "bliss of ignorance" by the subordinate employee is the only intelligent way of handling such managers to avoid further escalations.
This apart, every employee facing such an inevitable situation of workplace mental harassment should not lose his/her mental equanimity but rather respond to the situation by analyzing it dispassionately, assessing the various options available before him/her, weighing the options, and choosing the best option suitable to his/her long-run career benefits.
A manager may, at times, be a little bit rude in his words, perhaps, because of the degree of mistake or negligent act committed by the employee, and the employee should take it in good stead rather than paying back in the same coin. On the contrary, if it affects his self-respect, of course, he should appropriately respond keeping the adage "Diamond cuts diamond" in mind.
From India, Salem
Acknowledge(0)Amend(0)
Jonathan Haidt's "The Elephant and the Rider" metaphor equally applies to every manager and the people managed by him in the organization. As a manager is the most obvious mentor to his subordinates, it is he who invariably mars or makes the career of his team members. Unfortunately, either due to pressures of his position or the incompatibility of a particular subordinate with his own role, a manager loses his control and frowns upon the subordinate. When it becomes routine, it leads to mental harassment or emotional harassment of the employee concerned who may be poor in his capabilities as expected of by the manager. However, insulting is different from indignation or pulling up.
Though the discussion so far covered the need for avoiding such bullying by managers and the importance of employee motivation and engagement, still you require specific legal remedy for the affected employee. So far as I know, there is no special law on this subject in India barring the PoSH Act. Of course, there are certain Constitutional provisions, provisions under the CrPC, and the Industrial Disputes Act, 1947. But, they are cumbersome and time-consuming. If the HR is as effective as suggested by our friend Mr. Dinesh, the Grievance Settlement Committee constituted u/s 9-C of the IDA, 1947 would help eradicate mental harassment of workman category employees by their supervisors or line managers at the establishment level itself. But what about the category of gold-collared employees across the hierarchy in the organizations?
Of course, there are managers with the trait of ever fault-finding under the influence of their own feigned superiority complex for they may be actually and relatively inferior. Such managers are everywhere. A calculated "bliss of ignorance" by the subordinate employee is the only intelligent way of handling such managers to avoid further escalations.
This apart, every employee facing such an inevitable situation of workplace mental harassment should not lose his/her mental equanimity but rather respond to the situation by analyzing it dispassionately, assessing the various options available before him/her, weighing the options, and choosing the best option suitable to his/her long-run career benefits.
A manager may, at times, be a little bit rude in his words, perhaps, because of the degree of mistake or negligent act committed by the employee, and the employee should take it in good stead rather than paying back in the same coin. On the contrary, if it affects his self-respect, of course, he should appropriately respond keeping the adage "Diamond cuts diamond" in mind.
From India, Salem
Acknowledge(0)Amend(0)
Dear Colleague,
The querist is concerned about the increasing cases of mental harassment in the organization caused by the rude behavior of the Superior. It appears some efforts are made to sort out in a meeting with the Manager, employee concerned, and the HR but of no avail, and the problem continues to persist. The querist, therefore, is looking for legal options the concerned employee has, including approaching the police if it helps.
I think some actual data of incidences of rude behavior if cited would have been of great help. Like what is the nature of mental harassment, is it unprovoked shouting or gesturing, taunting, passing comments, deliberately insulting, making passes (at female staff), etc. All this and similar behavior if displayed by the Superior/Manager ranks for counseling by his Superior and if still persisted will merit disciplinary action like issuing a show-cause notice, chargesheeting, conducting a domestic inquiry, and awarding an appropriate punishment as per Model Standing Orders/Service Rules or in its absence by following the Principles of Natural justice.
Since it is an internal matter, I don't believe the Police will be willing to interfere.
In my view, the repetition and continuation of the type of rude behavior is because of the absence of effective action so far on the part of the Management in nipping it in the bud. As there is no fear of disciplinary action, it appears the Superior gets emboldened to continue.
While what cases I have cited above as constituting obvious cases of mental harassment, it should be remembered that it is a matter of 'Perception', as for one a particular behavior may appear rude, but for another, it may not. It is a tightrope walk in the absence of a clear-cut definition of mental harassment.
But on the preventive side of this issue, I do share the same view of the learned colleagues that the culture of trust and fear-free open communication must be built through matching HR policies like the Code of Conduct at the workplace, institutionalizing and putting in place well-knitted HR practices.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
The querist is concerned about the increasing cases of mental harassment in the organization caused by the rude behavior of the Superior. It appears some efforts are made to sort out in a meeting with the Manager, employee concerned, and the HR but of no avail, and the problem continues to persist. The querist, therefore, is looking for legal options the concerned employee has, including approaching the police if it helps.
I think some actual data of incidences of rude behavior if cited would have been of great help. Like what is the nature of mental harassment, is it unprovoked shouting or gesturing, taunting, passing comments, deliberately insulting, making passes (at female staff), etc. All this and similar behavior if displayed by the Superior/Manager ranks for counseling by his Superior and if still persisted will merit disciplinary action like issuing a show-cause notice, chargesheeting, conducting a domestic inquiry, and awarding an appropriate punishment as per Model Standing Orders/Service Rules or in its absence by following the Principles of Natural justice.
Since it is an internal matter, I don't believe the Police will be willing to interfere.
In my view, the repetition and continuation of the type of rude behavior is because of the absence of effective action so far on the part of the Management in nipping it in the bud. As there is no fear of disciplinary action, it appears the Superior gets emboldened to continue.
While what cases I have cited above as constituting obvious cases of mental harassment, it should be remembered that it is a matter of 'Perception', as for one a particular behavior may appear rude, but for another, it may not. It is a tightrope walk in the absence of a clear-cut definition of mental harassment.
But on the preventive side of this issue, I do share the same view of the learned colleagues that the culture of trust and fear-free open communication must be built through matching HR policies like the Code of Conduct at the workplace, institutionalizing and putting in place well-knitted HR practices.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Umakanthan Sir,
Greetings!!
Having this discussion here on this platform is really helpful. I have gained different perspectives and will be able to see this situation in different ways in the near future. Ideas to deal with such a situation may include the following points which I have found based on your valuable inputs:
(1) The elephant and the rider, Metaphor: which clearly denotes that our emotional side is the Elephant and our rational side is the rider.
(2) PoSH act - need to check the criticality and opportunities that lie here.
(3) Grievance Committee.
(4) Assessing the various options available.
(5) Diamond Cuts Diamond.
We need to study and judge each situation differently and then act accordingly based on the above inputs.
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Greetings!!
Having this discussion here on this platform is really helpful. I have gained different perspectives and will be able to see this situation in different ways in the near future. Ideas to deal with such a situation may include the following points which I have found based on your valuable inputs:
(1) The elephant and the rider, Metaphor: which clearly denotes that our emotional side is the Elephant and our rational side is the rider.
(2) PoSH act - need to check the criticality and opportunities that lie here.
(3) Grievance Committee.
(4) Assessing the various options available.
(5) Diamond Cuts Diamond.
We need to study and judge each situation differently and then act accordingly based on the above inputs.
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Dear Vinayak Nagarkar,
Greetings!!
Yes, we are all concerned about the increasing cases of mental harassment in almost all the software companies nowadays. Having these rounds of discussion with people and experts like you and all members above certainly changes our way of thinking and provides a different perspective on the same situation.
I have seen managers handle these situations very politically using their power. As suggested by you, having some actual data of incidences of rude behavior may help management to take strict action. I agree with you that "perception" plays a major role in all situations. I have also observed that people behave differently in front of different individuals.
We are mentoring HRs in different forums regarding these issues. Organizational HR policies need to be reviewed periodically as per the company's needs. For me, we cannot copy-paste policies from other organizations as policies should always be based on legal aspects and the needs of the company. This also emphasizes the importance of creating a "culture of trust" along with effective and well-communicated HR policies to all employees, which may help overcome these situations gradually.
Regards,
Dipesh Prabhakar
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Greetings!!
Yes, we are all concerned about the increasing cases of mental harassment in almost all the software companies nowadays. Having these rounds of discussion with people and experts like you and all members above certainly changes our way of thinking and provides a different perspective on the same situation.
I have seen managers handle these situations very politically using their power. As suggested by you, having some actual data of incidences of rude behavior may help management to take strict action. I agree with you that "perception" plays a major role in all situations. I have also observed that people behave differently in front of different individuals.
We are mentoring HRs in different forums regarding these issues. Organizational HR policies need to be reviewed periodically as per the company's needs. For me, we cannot copy-paste policies from other organizations as policies should always be based on legal aspects and the needs of the company. This also emphasizes the importance of creating a "culture of trust" along with effective and well-communicated HR policies to all employees, which may help overcome these situations gradually.
Regards,
Dipesh Prabhakar
From Ghana, Kumasi
Acknowledge(0)Amend(0)
Dear Colleague,
It would be great to learn how you have converted the takeaways on the wisdom of thinking shared here by some of the learned and experienced professionals into concrete actions regarding your specific query on mental harassment in the workplace.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
It would be great to learn how you have converted the takeaways on the wisdom of thinking shared here by some of the learned and experienced professionals into concrete actions regarding your specific query on mental harassment in the workplace.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls
Nominee vs legal heir.pdf
HR-LEGAL FORMS.zip