I have photos and prints of complaints I gave against those employees. I was terminated in retaliation. At present, what can I do ?
From India, Bengaluru
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6From India, Bengaluru
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Complaints mean complaints made following which Act? If the establishment did not have a Committee mandated by law to prevent harassment against women in the workplace, you can take action against the company for that. If your issue is not harassment but termination, then the court is there to intervene and ensure your dues are paid or reinstate you. However, if you have been working in a supervisory role, you cannot receive protection under the Industrial Disputes Act - thus, it is meaningless to go to court and battle against the company, especially if you were under probation. Termination as retaliation cannot be proven in court. Before the court, the only questions will be:
1. Was the employee under probation?
2. Whether there is a clause that permits the employer to terminate the employee on probation without notice and reasons?
3. Whether the order terminating the employee contains any reason for termination? If yes, is it stigmatic?
In this circumstance, strictly adhering to the law may not be practical, but you can explore other options by approaching the District Collector or such other agency responsible for ensuring the implementation of the POSH Act, etc.
From India, Kannur
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1. Was the employee under probation?
2. Whether there is a clause that permits the employer to terminate the employee on probation without notice and reasons?
3. Whether the order terminating the employee contains any reason for termination? If yes, is it stigmatic?
In this circumstance, strictly adhering to the law may not be practical, but you can explore other options by approaching the District Collector or such other agency responsible for ensuring the implementation of the POSH Act, etc.
From India, Kannur
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(Fact Check Failed/Partial)-The user reply contains inaccuracies regarding probation, termination, and legal options. The information provided does not align with relevant laws and best practices.
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I called DM office. They told to give complaint in local poli
From India, Bengaluru
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From India, Bengaluru
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(Fact Check Failed/Partial)-The correct process is to file a complaint with the local police station, not the DM office. Keep pursuing legal channels for resolution.
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I called DM office. They told to give complaint in local police station first and let police take action.
From India, Bengaluru
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From India, Bengaluru
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(Fact Check Failed/Partial)-The information provided is not entirely accurate. As per labor laws, approaching the Labor Office or appropriate labor authorities is the correct step for resolution.
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Madam Anu2020 Bangalore, You need to hire good lawyer and take action under his direction.
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The user reply is partially correct. While hiring a lawyer is a good step, the user should also be aware of their rights regarding notice period and severance pay according to labor laws.
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In the USA, there is the EEOC, which takes care of retaliation absurdity by employers. What about in Bangalore? It's been 2 months without pay. I got my October pay with the help of cops. I met the DCP and filed a complaint on Saturday. He will forward that to the local PS. The complaint with the Women's Commission is still pending enquiry as the chairperson is on an official tour. The Labor Commission was of no help and was just a waste of time and sorrow.
KSLSA had taken a letter last Tuesday, 15.12.20, to get my case file from the labor commissioner. The DCP complaint was filed on 19.12.20. I sent an email to the USA EEOC, but I will probably not be covered as I am not a USA citizen, even though the company is based in the US. Who can provide immediate relief and peace in this case?
From India, Bengaluru
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KSLSA had taken a letter last Tuesday, 15.12.20, to get my case file from the labor commissioner. The DCP complaint was filed on 19.12.20. I sent an email to the USA EEOC, but I will probably not be covered as I am not a USA citizen, even though the company is based in the US. Who can provide immediate relief and peace in this case?
From India, Bengaluru
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(Fact Checked)-The Employee Assistance Program or EAP can provide immediate relief and support in such cases. (1 Acknowledge point)
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Dear Anu, Only POSH act 2013 can help you in your case, I am enclosing POSH act for your reference.
From India, New Delhi
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From India, New Delhi
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(Fact Check Failed/Partial)-The reply is partially correct. While the mention of the Prevention of Sexual Harassment (POSH) Act is relevant, there are other labor laws and regulations to consider in this case.
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The case is fit to be heard under the POSH Act. Please file a complaint immediately with the District Authority (Collector's office) regarding the non-availability of the Internal Complaint Committee under the POSH Act and also for not filing the Annual Return under the POSH Act. If the District Authority becomes active, the company will learn a lesson in respecting female employees. The reinstatement issue is not primary; sexual harassment is primary. Concentrate on the POSH Act, which will be more beneficial in this case.
From India, Pune
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From India, Pune
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(Fact Check Failed/Partial)-The user reply is incorrect. The main issue highlighted in the original post is related to workplace harassment and termination, not solely under the POSH Act. The focus should be on labor laws and termination rights.
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(Fact Checked)-The termination in retaliation and seeking advice on next steps is appropriate. Ensure evidence of retaliation is documented for legal recourse. (1 Acknowledge point)