Hello Seniors,
Today, for the first time, I have faced this issue. It is related to the misbehavior of one male employee towards some female colleagues. Some ladies have also complained about teasing and commenting by male employees. Now, how can I identify the person responsible and take appropriate action? Please suggest any measures that can deter such behavior.
Additionally, I would appreciate it if you could share your experiences with similar situations.
Thank you,
Sanika
From India, Mumbai
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1Today, for the first time, I have faced this issue. It is related to the misbehavior of one male employee towards some female colleagues. Some ladies have also complained about teasing and commenting by male employees. Now, how can I identify the person responsible and take appropriate action? Please suggest any measures that can deter such behavior.
Additionally, I would appreciate it if you could share your experiences with similar situations.
Thank you,
Sanika
From India, Mumbai
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Show cause notice may be issued against the alleged male employee based on the verbal complaints received from the affected female employee(s). If the explanation provided by the accused is not satisfactory, further disciplinary proceedings may be initiated against him under a sexual harassment case.
From India, Lucknow
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From India, Lucknow
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Hello,
Two issues. The first concerns one lady and one employee. The other issue involves some ladies discussing the misbehavior of a few male employees.
You have become aware of these two issues but have no concrete complaints, facts, names, or other details in either case.
Under these conditions, it is impossible to initiate any concrete steps. At best, you can put up a notice or send out a circular informing all staff of what you have learned (without disclosing identities, even if you know them) and request people to desist from such behavior and to discourage it whenever they encounter it. They should also be encouraged to formally report such occurrences (albeit in confidence) so that further options can be considered.
However, formally, if no one files an FIR (First Information Report, commonly known as a "complaint"), even the police will be unable to act. They can only take cognizance of what happens in their presence!
For discipline enforcement, the "affected" individuals must seek help. If they do not, how can anyone assist them? You may grant them anonymity for a time, but when it comes to proving an allegation, they will need to come forward to testify!
Your concern is genuine and commendable. In these matters, if the affected individuals do not come forward, the scope for necessary actions will be limited for you!
You need to establish trust with your staff so that they confide in you, and you must build your credibility so that people see you as a source of help! This aspect of HR jobs is delicate and not driven by power or popularity.
If you need to ask specific questions, provide relevant details, and we may be able to assist you.
Regards,
Samvedan
August 24, 2011
From India, Pune
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Two issues. The first concerns one lady and one employee. The other issue involves some ladies discussing the misbehavior of a few male employees.
You have become aware of these two issues but have no concrete complaints, facts, names, or other details in either case.
Under these conditions, it is impossible to initiate any concrete steps. At best, you can put up a notice or send out a circular informing all staff of what you have learned (without disclosing identities, even if you know them) and request people to desist from such behavior and to discourage it whenever they encounter it. They should also be encouraged to formally report such occurrences (albeit in confidence) so that further options can be considered.
However, formally, if no one files an FIR (First Information Report, commonly known as a "complaint"), even the police will be unable to act. They can only take cognizance of what happens in their presence!
For discipline enforcement, the "affected" individuals must seek help. If they do not, how can anyone assist them? You may grant them anonymity for a time, but when it comes to proving an allegation, they will need to come forward to testify!
Your concern is genuine and commendable. In these matters, if the affected individuals do not come forward, the scope for necessary actions will be limited for you!
You need to establish trust with your staff so that they confide in you, and you must build your credibility so that people see you as a source of help! This aspect of HR jobs is delicate and not driven by power or popularity.
If you need to ask specific questions, provide relevant details, and we may be able to assist you.
Regards,
Samvedan
August 24, 2011
From India, Pune
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Hello Sanika,
Samvedan has suggested a nice way to handle the situation. Without any proof (which is obviously tough to get in such cases) or a formal complaint from the lady concerned, you could put yourself and the HR department into trouble. Assuming you take this matter up with the male concerned—even if informally—can you be sure that the lady will back you when the male pleads innocence/ignorance (which in all probability is what will happen)? I am not so sure she will.
As the first step, you could go for Samvedan's suggestion of a notice citing general feedback and also include/indicate grave consequences for those indulging in such acts. You could calibrate your further responses depending on the effect of this notice.
Regards,
TS
From India, Hyderabad
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Samvedan has suggested a nice way to handle the situation. Without any proof (which is obviously tough to get in such cases) or a formal complaint from the lady concerned, you could put yourself and the HR department into trouble. Assuming you take this matter up with the male concerned—even if informally—can you be sure that the lady will back you when the male pleads innocence/ignorance (which in all probability is what will happen)? I am not so sure she will.
As the first step, you could go for Samvedan's suggestion of a notice citing general feedback and also include/indicate grave consequences for those indulging in such acts. You could calibrate your further responses depending on the effect of this notice.
Regards,
TS
From India, Hyderabad
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Hi all,
How to calculate overtime of a worker under the Factory Act? I am confused about whether 30 days or 31 days are considered in the calculation of overtime. Please guide me on this matter.
Thanks.
Regards,
Kamal Negi
From India, Gurgaon
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How to calculate overtime of a worker under the Factory Act? I am confused about whether 30 days or 31 days are considered in the calculation of overtime. Please guide me on this matter.
Thanks.
Regards,
Kamal Negi
From India, Gurgaon
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Dear team,
I would like to add that recently, the Supreme Court provided guidelines on POSH (prevention of sexual harassment) in offices. Every employer has to form a committee consisting of male and female employees to comply with POSH. I will try to trace the guidelines. Senior members are also requested to provide the same if they come across it. I understand that Parliament itself has given its consent on the Supreme Court guidelines as if it were a bill.
Regards,
SVS RAO
From India
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I would like to add that recently, the Supreme Court provided guidelines on POSH (prevention of sexual harassment) in offices. Every employer has to form a committee consisting of male and female employees to comply with POSH. I will try to trace the guidelines. Senior members are also requested to provide the same if they come across it. I understand that Parliament itself has given its consent on the Supreme Court guidelines as if it were a bill.
Regards,
SVS RAO
From India
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Dear Sanika,
I agree with Samvedan. In the absence of the complainant and the accused, you cannot take any concrete action. Whom are you going to listen to, and against whom will you take action if you do not have a proper verbal/written complaint?
However, the matter is very serious in nature, and under no circumstances should be ignored. You should issue a general circular stating that you have come to know about such incidents happening in the organization, and very strict action will be taken against those who are indulging in such activities.
You should also issue a circular specifically for female employees to make a complaint in case they face any type of sexual harassment, which includes teasing and improper comments from their male colleagues.
It also seems that your organization does not have a defined policy on sexual harassment.
Regards,
Kamal
From India, Pune
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I agree with Samvedan. In the absence of the complainant and the accused, you cannot take any concrete action. Whom are you going to listen to, and against whom will you take action if you do not have a proper verbal/written complaint?
However, the matter is very serious in nature, and under no circumstances should be ignored. You should issue a general circular stating that you have come to know about such incidents happening in the organization, and very strict action will be taken against those who are indulging in such activities.
You should also issue a circular specifically for female employees to make a complaint in case they face any type of sexual harassment, which includes teasing and improper comments from their male colleagues.
It also seems that your organization does not have a defined policy on sexual harassment.
Regards,
Kamal
From India, Pune
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Sanika,
Thank you for posting such a common and relevant concern which I have experience with in a number of organisations. SVS Rao is quite correct in his/her reference to the Supreme Court Directions. This is the case of Vishaka & Ors. v State of Rajasthan (you can easily find this judgment online through a Google search). Let me just share with you that I was the lead instructing counsel in that matter and brought the PIL before the Supreme Court to establish a law on prevention of SH. The directions are "binding in law" until there is legislation. What this means is that ALL organisations/companies, etc., public and private are mandated to comply. Unfortunately, most don't, but this position is rapidly changing.
In this context, your concern can be addressed as follows:
i. Is there a policy on Prevention of SH in your organisation? Kindly refer to it.
ii. Has a committee been established in your organisation in compliance with Vishaka (this is mandatory), i.e., 50% women, a woman chairperson, and a third-party expert on the issue.
iii. Vishaka emphasizes preventive measures through which workplaces are required to raise the issue and give it visibility. In other words, you have a right to call a meeting of your workplace to raise/discuss the issue.
iv. Both issues you refer to fall squarely within prohibited behavior within the definition of sexual harassment- verbal/non-verbal inappropriate conduct.
I hope one or more of these suggestions are of help to you. It is important to act promptly in these matters. In any event, you must call upon your organization to comply with Vishaka. The absence of such compliance will make the organization liable to legal action.
Naina Kapur
From India, Delhi
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Thank you for posting such a common and relevant concern which I have experience with in a number of organisations. SVS Rao is quite correct in his/her reference to the Supreme Court Directions. This is the case of Vishaka & Ors. v State of Rajasthan (you can easily find this judgment online through a Google search). Let me just share with you that I was the lead instructing counsel in that matter and brought the PIL before the Supreme Court to establish a law on prevention of SH. The directions are "binding in law" until there is legislation. What this means is that ALL organisations/companies, etc., public and private are mandated to comply. Unfortunately, most don't, but this position is rapidly changing.
In this context, your concern can be addressed as follows:
i. Is there a policy on Prevention of SH in your organisation? Kindly refer to it.
ii. Has a committee been established in your organisation in compliance with Vishaka (this is mandatory), i.e., 50% women, a woman chairperson, and a third-party expert on the issue.
iii. Vishaka emphasizes preventive measures through which workplaces are required to raise the issue and give it visibility. In other words, you have a right to call a meeting of your workplace to raise/discuss the issue.
iv. Both issues you refer to fall squarely within prohibited behavior within the definition of sexual harassment- verbal/non-verbal inappropriate conduct.
I hope one or more of these suggestions are of help to you. It is important to act promptly in these matters. In any event, you must call upon your organization to comply with Vishaka. The absence of such compliance will make the organization liable to legal action.
Naina Kapur
From India, Delhi
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Dear Naina Kapur,
Nice to know that you were the lead instructing counsel in the case of Vishaka & Ors. v. State of Rajasthan. The Honorable Supreme Court gave a landmark judgment in this case and also very clear guidelines to be followed by private employers to prevent sexual harassment at the workplace. The court even asked private employers to include the mentioned prohibitions in the standing orders under the Industrial Employment (Standing Orders) of the organization.
However, in most cases, employers receive anonymous complaints, and in such circumstances, they are simply helpless to follow the guidelines and take action as mentioned in the judgment. An essential part of this judgment was assigning the responsibility to private employers to promote awareness among female employees by notifying the guidelines and acts on sexual harassment in a suitable manner.
Regards,
Kamal
From India, Pune
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Nice to know that you were the lead instructing counsel in the case of Vishaka & Ors. v. State of Rajasthan. The Honorable Supreme Court gave a landmark judgment in this case and also very clear guidelines to be followed by private employers to prevent sexual harassment at the workplace. The court even asked private employers to include the mentioned prohibitions in the standing orders under the Industrial Employment (Standing Orders) of the organization.
However, in most cases, employers receive anonymous complaints, and in such circumstances, they are simply helpless to follow the guidelines and take action as mentioned in the judgment. An essential part of this judgment was assigning the responsibility to private employers to promote awareness among female employees by notifying the guidelines and acts on sexual harassment in a suitable manner.
Regards,
Kamal
From India, Pune
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