Anonymous
Asked September 25, 2016

Harassment complain unanswered by the company

  • 1 Answer
  • 321 Views

Hi, I have complained of harassment is my MNC company 4 times in writing. Original complaint in April 2016 followed up by a written detailed statemnt in May 2016.Then a complaint of retaliation in June 2016 and further complain points and evidence of mail in August and September 2016.Till date, I dont have even one written response to my complaint.I had complained against 4 powerful seniors in my powerful team. I was told that there was action against two managers, but what was the action was not communicated. In August and September 2016, I had escalated the complaint to my US parent company's ER team head. They are just stalling and delaying response.There is no clear process defined with timelines.Before escalating to US team, the India employee relations team had refused to provide details and had closed out the case, that's how I escalated the complaint to the US team.I plan to sue my Indian company /employer in India, can I also sue my US based parent company?

Answer 1

A suit for damages can be filed against the Indian as well as the parent company in a civil court. Cases of mental harassment can be filed in the civil court as well as a criminal court if you add the charge of criminal intimidation. If harassment is sexual or physical in nature the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (Rules) have been notified with the objective of providing protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment. Any implied or explicit promise of preferential treatment in employment, implied or explicit threat of detrimental treatment in employment, implied or explicit threat about present or future employment status or interference with the work or creating an intimidating or offensive or hostile work environment or humiliating treatment likely to affect the employee’s health or safety in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment.  The Act provides for setting up of an institutional complaint mechanism called the “Internal Complaints Committee (ICC)” as a forum for aggrieved women to approach for redressal whenever they face any instance of misbehavior with sexual overtones at the workplace. The action to be taken by the management/employer into complaints of sexual misconduct and the redressal to be provided to the aggrieved woman is also provided for in the Act.  The Act prescribes a penalty of up to INR 50,000 (approx. US$1,000) for failure to constitute the Internal Complaints Committee. Repetition of the same offense could result in the punishment being doubled and / or de-registration of the entity or revocation of any statutory business licenses.

Agree Comment 0 Agrees almost 4 years ago

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