Workplace Bullying

Bullying consists of conduct that is offensive, intimidating, malicious &/or insulting, & which has the purpose or effect of undermining humiliating &/ or frightening another person. It may not amount to a misuse or abuse of power, unlike harassment & victimisation, the conduct need not to be related to one of the protected characteristics of the person against whom it is drivelled. Bullying can occur in writing by telephone, text messaging, E-mail & on social media.

Bullying can be recognized by the following behaviours

• Ignoring views & opinions
• Settling recalcitrant workload
• Deliberately undermining a competent worker with constant criticism
• Mortifying staff in front of others
• Intentionally hindering preferment or training opportunities
• Settling unreasonable or impossible deadlines
• Spreading malicious canard

India has no specific law of bullying but they can be tackled with some sections of IPC. These sections are Section 339– Wrongful restraint, Section 340– Wrongful confinement, Section 506– Punishment for criminal intimidation, Section 323– Punishment for voluntarily causing hurt, Section 306– Abetment of suicide.

Harassment can be defined as conduct which is deplorable & offensive & effects the self respect of an individual or group of individuals. It can be caused by prejudice against specific member of society, as in racial & sexual harassment, or harassment on the grounds of sexual orientation, gender identities, disability.

 According to UNISON, working environment tormenting is characterized as determined hostile, scary, mortifying conduct which endeavours to subvert an individual or gathering of representatives. It very well may be finished by chiefs or colleagues. It produces bunches of pressure related wellbeing confusions like hypertension, resistant issues, gloom, and nervousness. The individual\’s quick activity and profession are likewise disturbed.

Badgering in working environments are just managed by the rules referenced on account of Vishakha v. Province of Rajasthan(1997 6 SCC 241) and it covers just the inappropriate behaviour of a lady, not the non-lewd behaviour which has more extensive extra in work environment tormenting. No Indian laws expressly talk about the harassing of male faculty in the working environment which makes a gigantic measure of misfortune the gifts and financial assets of the nation.

In 2017 The Workplace Bullying Institute released a report which shows that:

• 61% bullies are bosses who operate alone
• 80% of women bully other women
• 19% have experienced and other 19% are onlooker.
• 65% of bullies employees lose their job
• 29% of victims remain unvoiced.
• 61% of employers are aware of inappropriate behaviour.

How to tackle workplace bullying?

 Talk to the bullies, say them to stop. Even after that they don’t stop. Talk to your supervisor or HR manager. Discuss about your legal rights and have ample o evidence with you. Contact with your co-workers, have a conversation about this. If they are also victim of bullying, write a report mentioning all the incidences. Raise them in meeting.  And have a back up plan also, if after all your efforts it wouldn’t stop, leave the job. But before leaving the job, look forward for another jobs, have a handful opportunities.

Anti workplace bullying laws in India:

• NO DELAY IN PAYMENT OF WAGES – Section 5 of the Payment of the Wages Act, 1936 provides timely payment of wages.
• NO UNREASONABLE DEDUCTION OF WAGES – Section 7-13 of the Payment of the Wages Act, 1936 provides when deductions are to be made and up to what extent deductions can be made.
• EQUAL PAY FOR EQUAL WORK – Equal Remuneration Act 1976 provides that each and every employee should receive the same remuneration for similar nature of work.
• DEFAMATION  – Sec 500 of IPC provides punishment for defamation and civil suit can be filed as civil wrong in Law of torts.
• UNREASONABLE CLAUSES IN THE EMPLOYMENT AGREEMENT– Industrial Disputes Act, 1947 regulates the dismissal regulation and Chapter 5A of the act deals with Lay Off and retrenchment procedures to be followed by the companies.
• MATERNITY BENEFIT ACT, 1961– It enshrines non-discriminatory treatment to women under pregnancy and provides for maternity benefits given to woman under recovery from pregnancy.
• SEC 24 A OF THE PERSONS WITH DISABILITIES ACT, 1995– It mandates for non-discrimination in Employment.
• NO SEX DISCRIMINATION IN PROVIDING WAGES– According to Article 39(d) of the Constitution and Section 2(h) of the Equal Remuneration Act 1976, it is the duty of the employer that every employee whether male or female should equal remuneration for equal work.