The issue I am facing is as follows:
1. I stood up to a manager over harassment and requested to be released from his project. After a tough month-long negotiation, I was released from the project.
2. Two weeks after my release and after I had settled into a new project, the harasser manager, HR, and certain members of the cybercrime investigation team pulled me into a meeting. They questioned me about the first email I sent from the email account of my previous client during the initial days of working with the harasser manager.
3. A week later, I was informed that I had to sign a self-declaration letter stating:
(a) I acknowledge a notice that my employer sent me a month ago (though I never received any such letter).
(b) I declare that I deleted all data identified by the Cybercrime Investigation Response Team (CIRT) from all my devices (though I was neither aware of nor involved in any investigation).
(c) I sincerely apologize to HR for the mistake I committed, and if the data identified by CIRT surfaces in the public domain in the future, I will be liable. The HR personnel had signed this letter as a witness.
4. I refused to sign the letter. The HR started coercing and harassing me to sign the letter. During this time, I was told that my previous client had complained to the harasser manager, alleging that I stole their HIPAA-protected production data. The client was investigating me and had instructed the harasser manager to report me to our cybercrime investigation team.
5. I demanded that I be given access to customer complaints. But I was told that the letter would not be disclosed to me. I complained to the Internal Complaints Committee (ICC) portal, unaware of the implications. I complained against the harasser manager and the HR personnel who signed the self-declaration letter as a witness.
6. The ICC investigator, the HR witness, and his manager formed the committee to investigate the matter. After investigating me for four months, they informed me in a meeting that the investigator was "shooed" away by CIRT when she approached them to enforce ethics. Since the investigator was rebuffed, she advised me to sign the self-declaration letter despite its falsified content. I stood my ground and refused to sign the falsified legal letter.
7. The HR issued a show-cause notice and threatened termination. I escalated the matter to higher levels, demanding a safe work environment and the right to work with dignity.
8. As a result of escalating the matter, I was given another opportunity to be investigated. The first investigation was thus canceled.
9. The second investigator was extremely rude. I was asked to explain my grievance in a hostile manner.
10. I was too scared to follow up with her for investigation updates. She investigated for five more months and directly submitted her investigation "findings" to the management. She recommended disciplinary action against me and closed my "case" without my consent.
11. I sent numerous emails explaining the inaccuracies in the investigator's "findings." I escalated the matter to higher levels, but none replied to my emails. While awaiting disciplinary action, I connected with the CIRT managers.
12. The CIRT managers were unaware of the harassment and threats I faced. They investigated the matter, retracted all falsified accusations against me, and vindicated me.
13. As per the CEO's directive, I reported the policy violations committed by HR and ICC investigators.
14. Consequently, my performance rating for the last annual year was changed to 'performance needs improvement.' The HR coerced me into a Performance Improvement Plan (PIP) without providing clear directions on what aspects of my performance to improve. It has been four months since I started waiting for clarity on improving my performance.
This is my problem and I want to report this matter to the District Labour Commissioner (DLC). Can anyone tell me the process to submit a workplace harassment dispute to the DLC?
From India, Pune
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1. I stood up to a manager over harassment and requested to be released from his project. After a tough month-long negotiation, I was released from the project.
2. Two weeks after my release and after I had settled into a new project, the harasser manager, HR, and certain members of the cybercrime investigation team pulled me into a meeting. They questioned me about the first email I sent from the email account of my previous client during the initial days of working with the harasser manager.
3. A week later, I was informed that I had to sign a self-declaration letter stating:
(a) I acknowledge a notice that my employer sent me a month ago (though I never received any such letter).
(b) I declare that I deleted all data identified by the Cybercrime Investigation Response Team (CIRT) from all my devices (though I was neither aware of nor involved in any investigation).
(c) I sincerely apologize to HR for the mistake I committed, and if the data identified by CIRT surfaces in the public domain in the future, I will be liable. The HR personnel had signed this letter as a witness.
4. I refused to sign the letter. The HR started coercing and harassing me to sign the letter. During this time, I was told that my previous client had complained to the harasser manager, alleging that I stole their HIPAA-protected production data. The client was investigating me and had instructed the harasser manager to report me to our cybercrime investigation team.
5. I demanded that I be given access to customer complaints. But I was told that the letter would not be disclosed to me. I complained to the Internal Complaints Committee (ICC) portal, unaware of the implications. I complained against the harasser manager and the HR personnel who signed the self-declaration letter as a witness.
6. The ICC investigator, the HR witness, and his manager formed the committee to investigate the matter. After investigating me for four months, they informed me in a meeting that the investigator was "shooed" away by CIRT when she approached them to enforce ethics. Since the investigator was rebuffed, she advised me to sign the self-declaration letter despite its falsified content. I stood my ground and refused to sign the falsified legal letter.
7. The HR issued a show-cause notice and threatened termination. I escalated the matter to higher levels, demanding a safe work environment and the right to work with dignity.
8. As a result of escalating the matter, I was given another opportunity to be investigated. The first investigation was thus canceled.
9. The second investigator was extremely rude. I was asked to explain my grievance in a hostile manner.
10. I was too scared to follow up with her for investigation updates. She investigated for five more months and directly submitted her investigation "findings" to the management. She recommended disciplinary action against me and closed my "case" without my consent.
11. I sent numerous emails explaining the inaccuracies in the investigator's "findings." I escalated the matter to higher levels, but none replied to my emails. While awaiting disciplinary action, I connected with the CIRT managers.
12. The CIRT managers were unaware of the harassment and threats I faced. They investigated the matter, retracted all falsified accusations against me, and vindicated me.
13. As per the CEO's directive, I reported the policy violations committed by HR and ICC investigators.
14. Consequently, my performance rating for the last annual year was changed to 'performance needs improvement.' The HR coerced me into a Performance Improvement Plan (PIP) without providing clear directions on what aspects of my performance to improve. It has been four months since I started waiting for clarity on improving my performance.
This is my problem and I want to report this matter to the District Labour Commissioner (DLC). Can anyone tell me the process to submit a workplace harassment dispute to the DLC?
From India, Pune
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If you do not have any managerial rights in the establishment, you can lodge a complaint with the Labour Officer of the area by writing a letter to him. In the complaint, you should highlight the aforementioned matters. There is no prescribed format for submitting a complaint. Additionally, you can personally meet with the officer in the Labour Department.
You should also point out the absence of a Grievance Redressal Committee in the establishment where you could address your concerns and seek resolution. Generally, an establishment with more than 100 employees should have a Works Committee; you should bring this to the attention of the relevant officer as well. Mention that the establishment fails to comply with essential requirements mandated by law for fostering and maintaining industrial relations and harmony.
Concurrently, you can notify the District Collector, who serves as the Chairperson of the Local Compliance Committee established at the district level under the PoSH Act, to investigate the lack of order in the formation of the Internal Complaints Committee (ICC) within the organization and the procedures it follows in investigating your complaint against the manager.
From India, Kannur
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4758You should also point out the absence of a Grievance Redressal Committee in the establishment where you could address your concerns and seek resolution. Generally, an establishment with more than 100 employees should have a Works Committee; you should bring this to the attention of the relevant officer as well. Mention that the establishment fails to comply with essential requirements mandated by law for fostering and maintaining industrial relations and harmony.
Concurrently, you can notify the District Collector, who serves as the Chairperson of the Local Compliance Committee established at the district level under the PoSH Act, to investigate the lack of order in the formation of the Internal Complaints Committee (ICC) within the organization and the procedures it follows in investigating your complaint against the manager.
From India, Kannur
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Handbook on Sexual Harassment of Women at Workplace.pdf
As passed by LS Sexual Harassment at Workplace Bill 2012.zip