Theme: Labour & Employment

Complaining against a Clinical Psychologist

You can complain to multiple forums regarding the misconduct of clinical psychologists. The violation of any of the general duties of a psychologist can be grounds to take action against them.(( Regulation 15, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998)) Some of the forums include:

Rehabilitation Council of India

The Rehabilitation Council of India is the forum that oversees the work of a clinical psychologist. You can lodge a complaint against a professional on the ground of ‘Professional Misconduct’. The Council can order the removal of a psychologist’s name from the register of Rehabilitation Professionals (permanently or for a specified period of time), if found guilty. (( Section 21, The Rehabilitation Council of India Act, 1992))

State Commissioner of Disability/ Chief Commissioners of Disabilities

If you are a person with a disability who was treated by a clinical psychologist who violated their duties/ethics, you have the option to complain to the State Commissioner of Disability or Chief Commissioner of Disabilities, Government of India. You can find the list of State Commissioners here.

Mental Health Review Board/State Mental Health Boards

You can approach three main authorities if you have been treated by a clinical psychologist at a mental health establishment for mental health issues:

  • Central Mental Health Authority – It is the central authority under the law, which has functions including registering all mental health establishments under the Central Government, maintaining a register of all mental health establishments in the country, developing quality/service norms for mental health establishments under the Central Government, supervising all mental health establishments under the Central Government, receiving complaints about deficiencies in provision of services, etc.
  • State Mental Health Authority – It is the authority at the state level which has functions including registration of mental health establishments in the State, developing quality/service norms for mental health establishments in the State, supervising all mental health establishments in the State , receiving complaints about deficiencies in provision of services, etc.
  • Mental Health Review Board – It is the authority at the district level under the law, which has functions to register, review, alter, modify or cancel an advance directive, to appoint a nominated representative, to adjudicate complaints regarding deficiencies in care, etc.

As of now, the authorities, particularly the Central Mental Health Authority and the Mental Health Review Boards are functioning. However, some States, such as Delhi, Kerala, etc. have constituted the State Mental Health Authority. You should seek information about the functioning of these authorities from your respective State.

Responsibilities of Universities to Prevent Sexual Harassment

Any woman (student, teaching, non-teaching staff) of any age at a University campus can file a complaint of sexual harassment. Apart from workplaces, Universities also must work to prevent sexual harassment.

Colleges are required by law to have (( University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015)):

  • Align their sexual harassment rules to the Indian law on sexual harassment
  • Treat claims of sexual harassment seriously, punishing offenders harshly and making sure they face the proceedings required by law
  • Make sure staff and students know what to do and who to turn to if they are a victim of sexual harassment
  • Make sure that the campus is well-lit, secure, and safe
  • Set up, train, and maintain an Internal Committee
  • Prepare yearly status reports with case details and half-yearly reviews of how well sexual harassment policies are working.

Training Bonds

What are Training Bonds?

In some cases, an employer may make you sign a training bond. According to the terms of this bond, you will have to work for that company for a specified period of time. You cannot terminate the employment before the required period is over. If you do, you will have to compensate the employer as per the terms of your agreement.

Why are Training Bonds Signed?

This type of bond is usually signed when there is some training involved, the cost of which is borne by the employer. The idea behind it is that if the employer is investing their resources in training you, they should also be able to utilize your talent and reap the outcome of the training. Therefore, training bonds are usually signed to protect the interests of the employer.

For example, Bhanu Rao was offered a job at Centaur Hotels. When he accepted the offer, Bhanu was made to sign a training bond which stated that he would have to work for the company for a minimum period of 2 years, which would also include a 6-month training period, cost of which would be borne by Centaur Hotels. If he were to leave before the expiry of the training period, Bhanu would have to pay to Centaur Hotels the cost of his training. After one and a half years, Bhanu found a higher paying job and quit Centaur Hotels, with 6 months remaining on his bond. Now, Centaur Hotels has a right to recover the cost of training from him.

Amount of Training Bond

It is important to note that the amount given in a training bond should be reasonable and is usually decided depending on the facts and circumstances of each case.

Children working in the family business

Children (below the age of 14) and adolescents are allowed to work in the family business.

Family Business

A family business means any work or business which is performed or run by the members of the family. The business could belong to or be run by an immediate family (mother, father, brother or sister) or extended family (father’s sister and brother, or mother’s sister and brother).

Types of Work

It is important that the family business does not involve the following:

  • Dangerous substances or processes (the term in law is ‘hazardous’ occupation or process).
  • Mines, Inflammable substances and explosives.

Children are allowed to work in a family business, but the child’s education should not be affected. The following points should be kept in mind:

  • They have a right to education.
  • They should only be made to work after school hours or during vacations.
  • Parents also have a duty to send their children to school under the law.

Who is a Medical Practitioner or Doctor?

A Medical Practitioner is a professional who practices medicine through the study, diagnosis, prognosis, and treatment of any disease or injury or other impairments. As per Indian law, a registered medical practitioner is a person whose name is found in the State Medical Register of any State, and who possesses the required medical qualifications.(( Section 21, Indian Medical Council Act, 1956))

However, a Physician is a Doctor with qualification of MBBS, or MBBS with post graduate degree/ diploma, or with equivalent qualification in any medical discipline. Only a doctor having a qualification recognized by the Medical Council of India and registered with the Medical Council of India/State Medical Council(s) can practice the  modern system of Medicine or Surgery.(( Regulation 1.1.3, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002))

Qualifications

Doctors are registered medical practitioners under the law if they:

  • Hold recognized medical qualifications granted by Universities or Medical Institutions listed in the Indian Medical Council Act.(( Section 2(h), Indian Medical Council Act, 1956)) A list of recognized universities can be found here.
  • Hold recognized medical qualifications granted by certain other Medical Institutions, also listed in the Act. A list of these institutions can be found here.
  • Enrolled with the State Medical Register(( Section 15, Indian Medical Council Act, 1956))
    or the Indian Medical Register,(( Section 21, Indian Medical Council Act, 1956)) and have received a registration number.

If the medical degree is from a foreign university degree, an Indian citizen possessing primary medical qualifications awarded by a foreign medical institution must clear a screening test,(( Section 13(4A), Indian Medical Council Act, 1956)) in order to be registered with either the Medical Council of India or State Medical Council. Further, you can find a list of  recognized foreign universities here.(( Second Schedule, Indian Medical Council Act, 1956))

Approaching the Police (Criminal Complaint)

You also have an option to file a criminal complaint if you are being sexually harassed at work. A Criminal Complaint, if proved, will put your harasser in jail. Criminal law in India makes the following acts illegal, allowing you to approach the police by filing an FIR or making a private complaint to the Magistrate:

Sexual Harassment

The following actions amount to the crime of sexual harassment under criminal law(( Section 2(n), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):

  • Physical contact and advances involving unwelcome and explicit sexual gestures; or
  • A demand or request for sexual favours; or
  • Forcibly showing pornography to the woman; or
  • Making sexually coloured remarks.

Outraging a woman’s modesty, either by actions or by words

Using force against a woman, or even threatening to use force, knowing that doing so would ‘outrage her modesty’(( Section 354, The Indian Penal Code, 1860.)) . The law does not specifically define what outraging of modesty is. Courts usually determine it by looking at facts and circumstances surrounding the incident.

Forcing a woman to disrobe

Using force, or threatening to use force against a woman to undress her(( Section 354B, The Indian Penal Code, 1860.)) .

Voyeurism

Voyeurism is when you gain sexual pleasure from watching others when they are naked or engaged in sexual activity. However, as per Indian law, this crime is said to be committed if a person either watches or captures the image of a woman engaging in an act that she would usually perform only under the expectation that she would not be observed by anyone (the perpetrator included) private act(( Section 354C, The Indian Penal Code, 1860)) .

Stalking

Stalking is continuously following a woman or contacting her where she has clearly shown she doesn’t want the attention. This can be both online or in person. Stalking can take different forms such as(( Section 354D, The Indian Penal Code, 1860)):

  • harassing telephone calls,
  • computer communications,
  • letter writing, etc. or
  • any other mode of unwanted and intimidating surveillance.

Notice Period to Terminate Employment

What is Notice Period?

When you decide to terminate your employment, you are required to let the employer know by giving them advance notice of your intention to leave. This is called the notice period.

How Long is a Notice Period?

The notice period will be given in your employment contract. The average notice period usually ranges from 1 to 3 months. Your employer has to pay you your usual salary during this notice period.

Waiving or Extension of Notice Period

Depending upon the circumstances, the employer may expressly waive the notice period or request you to extend the notice period. You can deny the request for extension of the notice period if you wish to do so as long as it does not go against your contract.

Leaving Without Notice Period

Leaving without giving notice or any communication may have adverse consequences, such as being sued for breach of contract or the employer may initiate arbitration proceedings against you.

Health and Safety of Working Children

It is important that health and safety of working children is taken care of. As an employer of an adolescent or a child allowed by the law to work, you should make sure that the child or adolescent is provided with the highest standards of safety and care through the following measures:

Environment

  • The establishment should be clean and free from any form of nuisance.
  • Wastes and effluents should be disposed off properly and in a manner which it is not open and unhygienic.
  • There should be proper ventilation and lighting.
  • The building must be maintained and precautions must be taken for fire accidents.
  • All the machinery should be fenced to prevent accidents.

Facilities

  • Provisions for drinking water, latrines, urinals and spittoons should be made.
  • Protective gear for eyes and body should be provided.
  • Floor, stairs and means of access.
  • Maintenance of building and machinery.

Instructions

  • Proper instructions should be given to adolescents for handling dangerous machines.
  • Training and supervision should be given to adolescents for handling dangerous machinery.
  • If you don’t fulfill your duties as an employer to comply with the laws on health and safety you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

Duties of a Medical Professional or Doctor

A doctor should uphold the dignity and honor of their profession,(( Regulation 1.1.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) and their prime objective should be to render service to humanity.(( Regulation 1.1.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Further, doctors should be upright, modest, sober, patient, prompt and conduct themselves with propriety in their profession.(( Regulation 1.1.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Legal regulations provide a comprehensive list of a doctor’s general duties, which are:

Maintaining a good practice

Doctors should:(( Regulation 1.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

  • Take care of each patient and provide proper service and devotion.
  • Try continuously to improve medical knowledge and skills. They should also use this knowledge to benefit both patients and other colleagues.
  • Practice methods of healing founded on a scientific basis. A doctor should not associate professionally with anyone who violates this principle.(( Regulation 1.2.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Maintaining medical records of patients

  • Maintaining medical records:(( Regulation 1.3, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • Doctors should maintain medical records of patients for a period of 3 years from the commencement of treatment.(( Regulation 1.3.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • Upon a request by the patient, or authorised attendant, or legal authorities, such medical records shall be produced within 72 hours.(( Regulation 1.3.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • A medical practitioner has to  maintain a register of all the medical certificates issued by them. The identification marks of the patient, along with the signature or thumb impression of the patient shall be collected. The practitioner has to keep a copy of the same.(( Regulation 1.3.3, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • Efforts have to be made to digitalize the records.(( Regulation 1.3.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

General Duties of a Doctor

A doctor has some general duties apart from the ones give above including:

  • Displaying registration numbers.(( Regulation 1.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Upon registration, the State Medical Council gives the doctor a registration number. This should be displayed in all the prescriptions, certificates, money receipts given to the patients.(( Regulation 1.4.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Use of generic names of drugs.(( Regulation 1.5, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) The Generic Name of a drug refers to its chemical name, or the chemical makeup of the drug, rather than the assigned brand name.
  • Highest quality assurance in patient care.(( Regulation 1.6, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Further doctors should:
    • Aid in safeguarding the profession against the admission of people who don’t have the appropriate education or don’t have the proper moral character.
    • Not employ anyone for a professional practice who is neither registered or enlisted under any of the medical laws. For example, if a doctor is hiring a nurse, it should be someone who is a registered nurse, qualified to practice medicine.
  • Exposing unethical conduct of other members of the profession.(( Regulation 1.7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Doctors should announce their fees before rendering service. For instance, personal financial interests of a doctor should not conflict with the patient’s medical interests.(( Regulation 1.8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Observing the laws of the country and not helping others in evading the same.(( Regulation 1.9, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Duties towards patients

Although doctors are not bound to treat every patient that comes up to them, they should always be ready to respond to calls from the sick and injured. A doctor can advise the patient to go to another doctor, but must treat patients in times of emergencies. No doctor should arbitrarily refuse to treat their patient.(( Regulation 2.1.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

A doctor should be patient, delicate, and must honor the privacy of the patient.(( Regulation 2.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) While explaining the condition of a patient, the doctor should neither exaggerate nor minimize the gravity of the patient’s condition.(( Regulation 2.3, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

The patient must not be neglected. Once the doctor has undertaken a case, they should not neglect the patient or withdraw from the case without giving adequate notice to the patient and the patient’s family. Further, doctors should not deliberately commit acts of negligence that may deprive a patient from necessary medical care.(( Regulation 2.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

If your doctor fails in any or all of these duties, you can complain against them in the appropriate forum.