One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X was working at XYZ Pvt Ltd in City A when his manager Mr. Y made intimidating comments suggesting job insecurity, telling him to “start looking outside” as they had “lost it.” When Mr. X found a better opportunity and resigned, the company demanded a 75-day notice period. However, the same manager who had earlier suggested he look for other jobs was now creating obstacles in his resignation process. Mr. X had witnesses to the manager’s earlier statements made during a conference call with colleagues. The company was trying to enforce the lengthy notice period despite the manager’s prior encouragement to leave, creating a hostile work environment and potential breach of good faith employment practices.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all conversations and communications with your manager and HR department
• Review your employment contract carefully for notice period clauses and termination conditions
• Gather witness statements from colleagues who heard the manager’s intimidating remarks
• Check if the company’s behavior constitutes constructive dismissal or breach of contract

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections may apply including Section 351 (criminal intimidation) if the manager’s behavior constitutes threats. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 covers investigation procedures for workplace harassment complaints. Additionally, the Industrial Disputes Act, 1947, and respective state Shops and Establishments Acts govern employment termination and notice periods. Section 25F of the Industrial Disputes Act requires proper procedures for retrenchment. The Contract Act, 1872, governs employment contract enforcement and breach of contract remedies.

If You Are the Complainant

• File a formal complaint with the company’s HR department documenting the manager’s intimidating behavior
• Submit a written resignation with proper documentation of the circumstances leading to your decision
• Request reduction in notice period citing the manager’s earlier encouragement to leave
• Gather evidence of hostile work environment including emails, recordings, and witness statements
• Consider filing a complaint with the Labour Commissioner if the company violates employment laws

If You Are the Victim

• Document all instances of intimidation, threats, or inappropriate behavior by management
• Save all communications including emails, text messages, and call recordings (where legally permissible)
• Inform trusted colleagues and request them to be witnesses to inappropriate conversations
• Review your employment contract and company policies regarding resignation and notice periods
• Consider negotiating with HR for early release citing the manager’s prior statements encouraging departure

How the Police Behave in Such Cases

Police typically treat employment disputes as civil matters unless criminal intimidation or harassment is involved. They may register an FIR under BNS Section 351 if there’s evidence of criminal intimidation. However, most employment-related complaints are directed to Labour Courts or Industrial Tribunals. Police focus on criminal aspects like threats, workplace harassment, or violation of specific labour laws rather than contractual disputes over notice periods.

FAQs People Normally Have

• Can a manager force me to stay during notice period after encouraging me to leave? No, if the manager previously encouraged departure, this may constitute waiver of strict notice period enforcement.
• Is 75 days notice period legal? Yes, if mentioned in the employment contract, but courts consider reasonableness and circumstances.
• Can I use the manager’s recorded statements as evidence? Yes, if recorded legally with participant consent or in one-party consent jurisdictions.
• What if the company refuses to accept my resignation? You can approach Labour Court for relief and may not be required to serve the full notice period.

What Evidence Is Required?

• Employment contract showing notice period clauses and termination conditions
• Written or recorded evidence of manager’s statements encouraging departure
• Witness statements from colleagues present during intimidating conversations
• Email communications between employee, manager, and HR department
• Documentation of performance reviews and workplace behavior patterns
• Records of any previous complaints about the manager’s conduct
• New job offer letter showing start date requirements

How Long Will the Investigation Take?

Internal company investigations typically take 15-30 days depending on complexity and cooperation. Labour Court proceedings may take 6-12 months for resolution. Criminal complaints under BNS for intimidation usually take 2-6 months for investigation. Industrial Tribunal cases can extend 12-24 months. The timeline depends on evidence availability, witness cooperation, and court schedules. Mediation through Labour Commissioner may provide faster resolution within 2-3 months.

Advocate Sudhir Rao, Supreme Court of India