Introduction:
The work environment, encompassing both physical and social aspects, significantly influences an employee’s experience and performance.
It involves elements such as office conditions, interpersonal relationships, and work processes that collectively shape the atmosphere in which an individual operates.
Main Body:
Employees’ Entitlement to a Harassment-Free Work Environment:
Employees have the right to a work environment free from harassment, emphasizing the importance of a conducive and respectful workplace.
Differences between Coercion and Undue Influence:
Coercion:
Defined in Section 15 of the Indian Contract Act as the use of force or threat to compel someone into a contract against their will.
Involves physical violence, threats, or economic pressure.
Results in a voidable contract at the option of the coerced party.
Penalized under the Indian Penal Code (IPC).
Undue Influence:
Defined in Section 16 of the Indian Contract Act as any influence that dominates the will of the other party to force them into a contract.
Typically exercised by a party in a position of power or authority.
Leads to a voidable contract at the option of the influenced party.
Not penalized under the IPC.
Examples in the Indian Context:
Coercion: Economic pressure forcing an employee to sign an unfair contract.
Undue Influence: A doctor persuading a patient to enter a contract for unnecessary medical services.
Conclusion:
Ethical Work Culture: Emphasize the importance of an ethical work culture characterized by equality, transparency, honesty, a low wage gap, and fair procedures.
Significance of Free Consent: Coercion and undue influence, being detrimental to free consent, can render a contract voidable, highlighting the essential nature of free consent for a valid contract.
In conclusion, fostering an ethical work culture is pivotal, and understanding the nuances of coercion and undue influence underscores the significance of free consent in contractual agreements.