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.
TL;DR: If your manager or team leads are harassing you, assigning menial tasks, threatening a performance improvement plan (PIP) to force your resignation, Indian law does offer protections — but mostly for specific classes. Constructive dismissal, workplace harassment, and unfair performance management can be challenged through civil suits, criminal complaints (if threats or intimidation exceed mere workplace friction), or internal company policies. A lawyer with labour law expertise can help you fight back, especially against large MNCs.
Rohan Gupta was a manager at a well-known MNC in Bengaluru. For nearly a year, his team leads and reporting manager worked together to create a hostile environment. They assigned him work far below his role, asked intrusive questions about his personal life, and made him report to junior staff. His performance reviews were vague — highlighting only negatives while taking credit for his successes. Then came the PIP threat. Rohan felt trapped. He tried speaking to HR, but nothing changed. That is when he approached the Chamber of Advocate Sudhir Rao. With a focus on labour law and harassment claims, the office helped him document every incident, prove the pattern of constructive dismissal, and negotiate a dignified exit with full benefits. Advocate Sudhir Rao's expertise in workplace harassment cases helped secure a favourable settlement for Rohan — without a long court battle.
Key Facts of the Case
- Rohan was a manager at an MNC in Bengaluru for over 4 years.
- His manager and team leads systematically created a hostile work environment.
- He was assigned menial tasks, forced to report to juniors, and given vague negative feedback.
- A performance improvement plan (PIP) was threatened despite acceptable performance.
- HR did not act on repeated complaints about harassment.
- The Chamber documented each incident with timestamps and emails.
- The legal strategy focused on constructive dismissal — where the employer's conduct forces resignation.
- The matter was resolved through negotiation, avoiding a trial.
The Direct Legal Answer
Workplace harassment by a manager does not automatically mean you can file a criminal case. The law distinguishes between general office hostility and actions that cross into criminal behaviour.
Can I challenge a Performance Improvement Plan (PIP) legally?
Yes, but only if you can prove the PIP is not based on genuine performance issues. If your reviews were positive, you met targets, and the PIP is a tool to harass or force you out — that is an abuse of process. An experienced labour lawyer can help you challenge it by showing that the employer's motive was not performance improvement but constructive dismissal.
Is there a specific law against workplace harassment for all employees?
No. The Sexual Harassment of Women at Workplace Act, 2013 applies only to women. General harassment is covered by company policies, employment contracts, and sometimes under the Indian Penal Code (now BNS) if it involves threats, defamation, or criminal intimidation. For most cases, the remedy lies in civil law — claiming unfair labour practice or contract breach.
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.
Second, start documenting everything immediately. Save emails, take screenshots, note dates and times. If there is a pattern, your lawyer will need it. Do not confront your manager without advice. Silence can be strategic — let your lawyer speak for you. This type of matter demands an advocate who regularly handles employment disputes. General practitioners often miss procedural steps — like filing a complaint with the internal committee or using constructive dismissal theory.
Applicable Sections of Law
Workplace harassment and forced resignation cases in India draw from multiple legal sources:
- Section 318 BNS: Criminal intimidation — if threats are used to force resignation.
- Section 354A BNS: Sexual harassment — applies only if the conduct is of sexual nature. Not applicable here.
- Indian Contract Act, 1872, Section 73: Claiming damages for breach of contract if employer's conduct amounts to constructive dismissal.
- Industrial Disputes Act, 1947: If the employee falls under the definition of "workman" — provides protections against unfair termination.
- Specific Relief Act, 1963, Section 14: In rare cases, courts may order reinstatement, though monetary settlement is more common.
This section is not applicable as the case is civil/employment law based, not criminal. No BNS punishment provisions apply directly to workplace harassment unless criminal intimidation or assault is involved.
Jurisdiction — Where to File the Case
For civil claims (breach of contract, constructive dismissal), the suit must be filed in the civil court where the employer's registered office is located or where the employee works. For criminal complaints (if threats or intimidation are involved), the police station having jurisdiction over the workplace location is the first step. Jurisdiction matters because filing in the wrong court can lead to delays or dismissal.
Limitation Period
For breach of employment contract, the limitation period under the Limitation Act, 1963 is generally 3 years from the date of breach. For constructive dismissal, the clock starts from the day you are forced to resign. Do not delay — missing the limitation can be fatal to your case. Courts can condone delay in exceptional circumstances, but it is risky to rely on that.
Interim Reliefs Available
In these cases, you can seek an interim injunction restraining the employer from implementing a PIP in bad faith. Under Order 39 of the CPC, courts can issue temporary injunctions to protect your position until the main case is decided. You can also seek status quo orders — requiring the employer to maintain your current role and pay. Early interim relief can prevent the situation from worsening while the case proceeds.
If You Are the Victim
- Do not resign in a hurry. That could weaken your claim for constructive dismissal.
- Start a detailed diary — date, time, what was said, who was present.
- Save every email, message, or performance review that seems unfair.
- File a complaint with HR or the internal complaints committee — even if you think it will not help, it creates a paper trail.
- Consult a labour lawyer before taking any major step.
Documents You Must Keep Ready
- Employment contract, offer letter, and any addendums.
- Performance appraisals, feedback emails, and communication about PIP.
- Emails or messages showing menial task assignment or reporting changes.
- Records of complaints made to HR or management.
- Identity proof (Aadhaar, PAN) and company ID.
- Any witnesses who can corroborate the harassment pattern.
What Evidence Is Required?
- Primary evidence: Documents like emails, contracts, performance reviews, and HR complaint responses.
- Secondary evidence: Witness statements from colleagues who observed the harassment.
- Electronic evidence: Screenshots, chat logs, call recordings (if legal — check one-party consent laws in your state).
- Audio/video: Preferably with prior notice or legal advice; surreptitious recordings may be inadmissible.
- Expert evidence: In cases involving medical stress or mental harassment, a psychiatrist's report can help.
How Courts Typically Approach Such Cases
Civil courts in India treat employment disputes cautiously. They look for a clear pattern — not just one off incident. If you have documented months of unfair treatment, the court is more likely to see it as constructive dismissal. Judges often encourage mediation and settlement. They do not like micromanaging employment relationships. So your case must be strong on facts — not just emotion. Courts rarely order reinstatement unless the employee is a workman under the Industrial Disputes Act. For managers, monetary compensation is the usual remedy.
Timeline of Legal Process
- Notice to employer: 15-30 days — your lawyer sends a legal notice demanding explanation or compensation.
- Response period: 15-30 days — employer may reply or ignore.
- Filing of civil suit: 1-2 weeks after failed negotiations.
- Summons and written statement: 2-4 months — employer files its defence.
- Discovery and evidence: 4-6 months — both sides submit documents and witnesses.
- Arguments and judgment: 3-6 months — final hearing and order.
- Appeal: Further 6-12 months if either party appeals.
Total duration ranges from 12 to 24 months depending on court backlog. Settlement can happen at any stage.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, and in employment disputes, it is often the preferred route. Mediation can resolve issues faster and more privately. The court may also refer the matter to Lok Adalat under Section 89 CPC. If the harassment is purely civil, a compromise deed can be signed — often including a mutual separation agreement with a settlement amount. This avoids lengthy trials. But be careful — do not sign anything that waives your rights without a lawyer reviewing it.
Common Mistakes People Make
- Resigning in frustration without building a case — you lose leverage.
- Not documenting incidents — later you have no proof.
- Posting complaints on social media — it can harm your case and make settlement harder.
- Engaging a lawyer who does not regularly handle employment or constructive dismissal cases — the procedural and evidentiary strategies in such matters are different from general civil litigation, and a non-specialist may miss critical steps like invoking the internal complaints mechanism or proving the pattern of conduct.
- Waiting too long — limitation periods can expire.
- Signing a "full and final settlement" under pressure without legal advice.
FAQs People Normally Have
Can I sue my company for mental harassment?
Yes, but it is not easy. You can claim damages for mental harassment under civil law if the employer's conduct was intentional or reckless. The court will look for medical evidence and a clear pattern.
What is constructive dismissal?
It is when your employer creates such a hostile or unfair work environment that you have no real choice but to resign. Legally, it is treated as if you were fired — you can claim wrongful termination.
Does the PIP itself violate any law?
Not inherently. But if it is used in bad faith — to harass or force you out — it can be challenged as part of a pattern of harassment. The PIP itself is not illegal; the motive behind it may be.
Should I complain to police?
Unless there is criminal intimidation (threats to your safety or reputation), the police will not act on a workplace harassment complaint. The proper forum is civil court or your company's internal mechanism.
Can I record my manager without their knowledge?
It depends. India is a one-party consent state for audio recording — you can record your own conversations. But sharing or using it in court without proper procedure may be risky. Best to ask your lawyer first.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India