Employer forced me to resign after I reported harassment at workplace?

Question

I'm working in a tech company in Bengaluru and faced harassment from my manager. After I reported this to HR, they pressured me to resign under the guise of 'maintaining team harmony'. I refused but they blocked my access to company emails and resources. I feel targeted and unfairly treated. Is this legal? What are my options to fight back and protect my rights?

Adv. Neha Joshi · Accepted Answer

Hi, I'm Adv. Neha Joshi. I'm really sorry to hear about your situation. It's important to know that you have rights and there are legal measures to protect you in such circumstances.

Firstly, the actions of your employer can potentially fall under unfair labour practices and might be a violation of your rights under Indian employment laws. Here's a breakdown of what you can do:

Harassment Complaint: If you haven't already, ensure that your complaint of harassment is documented. As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, employers are required to have an Internal Complaints Committee (ICC) to handle such issues. Ensure that your complaint is filed with them if your case involves sexual harassment.
Unfair Treatment: The actions of blocking your access to emails and resources can be seen as retaliatory and unfair dismissal practices. The Industrial Disputes Act, 1947 provides protection against unfair dismissal and retrenchment. You may consider filing a complaint with the Labour Commissioner in Bengaluru.
Legal Notice: You can send a legal notice to your employer through an advocate. This formalizes your grievances and can sometimes lead to a resolution without further legal proceedings.
Labour Court: If the matter is not resolved, you can approach the Labour Court or Tribunal for redressal. They can order reinstatement or compensation if they find that your termination was unjust.
Civil Suit: You may also consider filing a civil suit for damages due to mental agony and loss of reputation.

In the case of Vishaka & Ors vs State of Rajasthan & Ors (1997), the Supreme Court laid down guidelines for preventing sexual harassment at workplaces, which later formed the basis for the 2013 Act. Additionally, in Air India Statutory Corporation vs United Labour Union & Ors (1996), the Supreme Court emphasized the protection of workers' rights against unfair labour practices.

Note: There might be state-specific provisions under the Karnataka Shops and Commercial Establishments Act, so consulting a local advocate could provide additional insights.

I am a junior advocate and would recommend consulting with a senior advocate to explore these options further. I hope this helps you in navigating your situation.

📚 References:

Adv. Nisha Kapoor · Answer

Firstly, I'm sorry to hear you're going through this. Workplace harassment and subsequent retaliation are serious issues, and you're right to seek help. In theory, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, you have the right to a safe working environment free from harassment. The law mandates that every organization with more than 10 employees must have an Internal Complaints Committee (ICC) to address such issues. If you reported the harassment and instead of addressing it, your employer retaliated by forcing you to resign, this is a violation of your rights under this Act. In practice, you have a few options: 1. **Internal Complaints Committee (ICC)**: If your company has an ICC, file a formal complaint. If they don't, or if the committee is not functioning properly, this itself is a violation. 2. **Labour Commissioner**: Approach the Labour Commissioner's office in Bengaluru. They can intervene in cases of unfair labor practices, including forced resignation. 3. **Legal Notice**: Sometimes, a well-drafted legal notice can make the company rethink its stance. It can be a powerful tool to assert your rights without immediately resorting to litigation. 4. **Civil Court**: As a last resort, you can file a suit for wrongful termination and damages in a civil court. However, this can be time-consuming and expensive. 5. **National/State Commission for Women**: You can also approach these bodies for additional support and

Adv. Preeti Saxena · Answer

I'm sorry to hear about your situation. It's crucial to approach this matter with caution and understand your rights under Indian law. Here’s a breakdown of the legal framework and your options: Legal Protections Against Workplace Harassment: Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every employer is required to provide a safe working environment and establish an Internal Complaints Committee (ICC) to address grievances related to sexual harassment. If your complaint was related to sexual harassment, the company has an obligation to investigate it properly and cannot retaliate against you for filing a complaint. Illegal Retaliation: The actions taken by your employer, such as pressuring you to resign and blocking your access to company resources, could be considered retaliatory. Retaliation against an employee for reporting harassment is illegal and can be challenged. Steps You Can Take: Document Everything: Keep a detailed record of all incidents of harassment, your communications with HR, and any actions taken by your employer that you believe are retaliatory. File a Complaint with the ICC: If not already done, formally file a complaint with the Internal Complaints Committee. Ensure that you have a written acknowledgment of your complaint. Approach the Labour Commissioner: If your employer continues to act against you, you can file a complaint with the Labour Commissioner of your region. They can mediate and enforc

Adv. Rahul Sharma · Answer

I'm truly sorry to hear about what you're going through. Facing harassment and then being pressured to resign is incredibly stressful, especially when you're standing up for what's right. To give you the bottom line: No, your employer's actions are not legal. You have the right to work in an environment free from harassment and retaliation for reporting such behavior. Under the Sexual Harassment of Women at Workplace (POSH) Act, 2013, every employer is required to provide a safe working environment and must investigate complaints of harassment through an Internal Complaints Committee (ICC). Retaliation, such as pressuring you to resign or blocking your access, can be considered a violation of this Act. Here are the steps I recommend you take: Document Everything: Keep a detailed record of all incidents of harassment, your complaints to HR, and any retaliatory actions taken against you. Emails, messages, and notes can serve as crucial evidence. File a Formal Complaint: If you haven't already, submit a written complaint to the ICC at your company. They are legally obligated to investigate your complaint. Approach the State Women's Commission: Given the severity of the situation, you can also file a complaint with the Karnataka State Commission for Women. Consider Legal Action: If the company fails to act, you can file a complaint with the police under relevant sections of the Indian Penal Code for workplace harassment and seek legal recourse through the labor court or civil cou

Employer forced me to resign after I reported harassment at workplace?

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