Senior not responsible if employee kills themselves over workload: SC
In a potentially significant decision, the SC has ruled that seniors in the workplace cannot be held guilty of abetment if their juniors commit suicide due to work stress. The court was hearing the case of an employee of the Maharashtra government's education department, who killed himself last August allegedly due to being burdened with work. His wife filed a police complaint, holding his senior responsible.
The tragic case of Kishor Parashar
Kishor Parashar, the said employee, worked in the Aurangabad office of the deputy director of education. In her complaint, his wife alleged his senior made him work till late, called him on holidays, and even stopped his salary, stressing him out. The senior then moved the Bombay HC, which noted there was no "direct abetment," but refused to quash the FIR as he caused unbearable mental tension.
'Facts in the present case are inadequate and insufficient'
Rejecting the lower court's stand, the SC observed, "If a situation is created deliberately so as to drive a person to commit suicide, there would be room for attracting IPC Section 306 (abetment to suicide). However, the facts in the present case are inadequate and insufficient."
Indians are working longer hours than ever
The SC's judgment comes even as Indians work longer hours than ever. A recent report found that a Mumbaikar works 3,314.7 hours a year, compared to a global average of 1,987. Delhi does slightly better at 2,511.4 hours. Various studies have posted similar results. An October'16 survey found five major Indian cities (Kolkata, Chennai, Bengaluru, Mumbai and Delhi) fared extremely low in work-life balance.
India is now the fourth most vacation-deprived country
Unsurprisingly, 22% Indians aged 18-64 say the health issue they're most concerned about is fatigue. This has also led to India being the fourth most vacation-deprived country, where 63% employees say they can't take long holidays due to their own busy schedule and employers' demands.
Elsewhere, 'death due to overwork' is an actual thing
There's no such concept yet in India, but in Japan, 'karoshi' - death due to overwork - is a real thing. India is fast heading in the same direction: as of March'17, 46% of India's workforce was suffering from some form of stress. As far back as 2009, a 23-year-old trainee blamed Infosys in his suicide note, saying he couldn't cope with the pressure.
Employees: Focus on compensation, work-life balance, adequate rest
To keep yourself as healthy as possible, you need to ensure a proper work-life balance. Identify your needs and be open with employers about them. There will always be more work, but you should uphold your own boundaries determinedly. At work, prioritize tasks instead of wasting much time on unimportant ones. Use your leisure hours efficiently, and when possible, turn off all technological devices.
Employers: Ensure all support to your employees
The onus is also on the employer. You should monitor stress levels of employees regularly, and launch programs to target its root cause. Incorporate health and wellness initiatives into the work schedule. Interpersonal communication, rewards for good work, and focus on personal life must be encouraged. It is key to invest time and money to understand each employees' needs, wants and capacities.
