Legal Question in Employment Law in India

Sir,

I have been working for Finance co. since Mar07. Previously I was working for a Nationalized Banks Credit Society for more than 8 years.

At the time of Interview, the present co told that I have to work in shifts either from 7am to 3pm or from 3pm to 11pm and clearly told that there was no general shift at that time. Also they told that they I have to work on contract basis and If satisfied they will absorb for on rolls.

I opted for 3pm to 11pm and joined the co. and was posted at Hyderabad br. back office and asked to report to the Head of Marketing support group at Hyderabad.

Since the day I joined, the back office in charge used to handle me and restricted me from meeting the MSG head and told to report to him only but continued to meet my boss.

Later he influenced and absorbed me into Optns. and also recommended for on rolls and sent me approval letter for his recommendation from the Optns. Head, Mumbai, in Jan08. Also he changed my shifts to general shifts.

In May08, he suddenly told me to come on evening shifts i.e. from 3pm to 11pm from next day onwards.

I was surprised and thought it will be temporarily for few days only. But 2 months have passed and I requested orally several times and explained about my problems with timings for my school going children. Also I urged that my daughter attained puberty and the timings are not flexible to meet my family requirements.

My boss used to answer that, you have agreed to work in shifts at the time of interview only.

Again one day he suddenly asked me to come in general shifts that too for 2 days and continues in the noon shifts after 2 days.

Then I have sent a mail stating that my problems for frequent changing of timings and requested him to fix either general shifts or noon shifts and send a copy to

the Head of Hyderabad br.

After I have places the mail, I was not taken into on rolls till date and since then , several times he used abuse language and used to hurt me with his rude behavior with me.

In Feb 09 I approached him and request him for on rolls and said I will recommend but what is the guarantee that you dont put mail again? He said.

With the interference of admin and head, he has changed me to general shifts.

Ten days back my boss found a simple mistake in my work and said If I found again, Ill send you home next time. Vexed with his behavior, I told why next time sir, I am leaving now only and gave the keys to him and left the office. I was so depressed for my age being 36 and 2 school going children I didnt go home that day and left the city for mental peace.

Next day my parents and my wife approached the office and enquired about me.

When they about to give a police complaint, I have telephoned and told the incident. They withdrew the compliant and I came back.

I met the Head and admin and told about the incident and they told it is common in every organization.

And they asked me whether you wish to continue or not, I told if my boss permits, will continue otherwise I cant do anything.

When my boss asked me what is the guarantee that you dont repeat the same in future, I kept quite.

Finally he demands me a letter from either my father or my wife or from the Head for assuring not to repeat the incident in future.

Sir, I request your guidance in this regard.


Asked on 7/28/09, 3:15 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

this is a clear case where you are being harassed for no fault of yours and this high handedness on the part of your senior staff should be dealt in a diplomatic manner. you may reveal the situation to the superiors of your superiors and as they asking for assurance from your wife or father, you need to be assured by top officials of your company that you will not be harassed every now and then. changing a better job is the best option.

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Answered on 7/28/09, 3:21 am


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