What legal remedies do I have if my employer harasses me?

You can file a complaint with, HR Department or Internal Complaints Committee (ICC) if it involves sexual harassment and the Labor Commissioner for violation of labor laws. You can also inform the local police for physical or verbal abuse.

If your employer harasses you, Indian laws provide several legal remedies to protect your rights and ensure accountability. Harassment at the workplace can include verbal abuse, physical intimidation, mental pressure, sexual harassment, or even professional misconduct. Below is a detailed guide to the legal remedies available if you are being harassed by your employer:

1. Document the Harassment

Before taking legal action, document every incident of harassment, including dates, times, places, and the nature of the incident. Gather emails, messages, voice recordings, or any proof of inappropriate behavior. If there were witnesses, request them to provide statements.

2. File a Complaint with the Internal Complaints Committee (ICC)

If the harassment is related to sexual misconduct, every organization with 10 or more employees is legally required to have an Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).

Procedure:

- File a written complaint with the ICC within 3 months of the incident.

- The ICC will conduct an inquiry and issue a report with recommendations to the employer.

- Employers must act on the ICC's recommendations, including disciplinary measures or compensation to the victim, within 60 days.

3. Lodge a Formal Complaint with HR or Senior Management

If the harassment is non-sexual, file a detailed complaint with the company’s HR department or senior management. This is an internal step that many companies require before taking the matter to external forums.

4. File a Police Complaint

For serious harassment involving threats, intimidation, or physical harm, lodge a First Information Report (FIR) with the police under the Bharatiya Nyaya Sanhita, 2023 (BNS). Some applicable sections include:

- Section 296: Obscene acts or words in public.

- Section 74: Assault or criminal force against a woman with the intent to outrage her modesty.

- Section 351: Criminal intimidation.

- Section 351(2): Words, gestures, or acts intended to insult a woman’s modesty.

For workplace harassment not involving sexual misconduct but involving threats or physical harm, consult a lawyer to determine the exact BNS provisions applicable.

5. File a Case with the Labour Commissioner

If harassment involves exploitation, denial of employee rights (like non-payment of salary, wrongful termination, or forced resignation), file a complaint with the Labour Commissioner. Labour offices handle disputes between employees and employers and may mediate or escalate the matter for resolution.

6. File a Complaint with the National or State Human Rights Commission

For harassment that causes severe mental trauma or violates fundamental human dignity, file a complaint with the National Human Rights Commission (NHRC) or the State Human Rights Commission (SHRC).

7. Civil Suit for Damages

You can file a civil suit seeking monetary compensation for mental agony, emotional trauma, or reputational damage caused by workplace harassment.

8. Approach the Women’s Commission or Labour Welfare Organizations

For women facing harassment, a complaint can be filed with the National Commission for Women (NCW) or the State Women’s Commission. In addition, workers’ welfare boards or trade unions may help address workplace disputes.

9. Petition the High Court

If immediate relief is required, you can file a writ petition under Articles 226 or 32 of the Indian Constitution, seeking orders against the employer. For instance, you may file a petition for:

- Prohibiting the continuation of harassment.

- Directing reinstatement, if terminated wrongfully.

- Compensation for rights violation.

Legal Provisions

a. For Sexual Harassment:

- POSH Act, 2013: Prevents sexual harassment of women at the workplace.

- Bharatiya Nyaya Sanhita, 2023 (BNS): Sections 296, 74, and 79 are commonly invoked in sexual harassment cases.

b. For Employee Rights and Harassment:

- Industrial Disputes Act, 1947: Protects against wrongful termination and discrimination.

- Shops and Establishments Act: Governs employment practices, especially in small and medium-sized enterprises.

c. Constitutional Safeguards:

- Article 14: Right to equality.

- Article 19(1)(g): Right to practice any profession or trade.

- Article 21: Right to life and personal liberty (includes a safe working environment).

What to Avoid When Facing Harassment

1. Don’t Resign Immediately: Employers may misuse a resignation to deny you benefits or justify wrongful conduct.

2. Avoid Confrontations: Confronting the harasser without legal or management backing may worsen the situation.

3. Never Withhold Evidence: Provide every piece of evidence that supports your case.

FAQs

Q1. Can men also file harassment complaints under the POSH Act?

No, the POSH Act specifically addresses sexual harassment of women. However, male employees can seek remedies under the Indian Penal Code or through labor laws.

Q2. What happens if my employer retaliates after my complaint?

Retaliation by employers is illegal under labor laws and the POSH Act. If retaliation occurs, report it immediately to the concerned authorities or seek legal intervention.

Q3. How long does the ICC take to resolve a complaint?

The ICC must complete its inquiry within 90 days, and employers must take action within 60 days after the ICC submits its report.

Q4. Can an employer be penalized for not having an ICC?

Yes, under the POSH Act, an employer failing to constitute an ICC may face a fine of up to ?50,000. Repeated violations may result in higher fines or cancellation of business licenses.

Q5. What compensation can I expect for harassment at work?

Compensation may include payment for emotional trauma, legal expenses, and other damages based on the nature and severity of the harassment.

By understanding your rights and the legal avenues available, you can take effective action against workplace harassment. Consulting an experienced lawyer can ensure you navigate the process smoothly and receive the justice you deserve.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.in