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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reg. the misbehavior the same is applicable but for misbehaviour co. can terminate the employee without any notice but on the request of employees and person’s complaint.
From India, Delhi
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From India, Delhi
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Hi Neha! Keep it simple. Mention these acts of misbehavior or eve-teasing in your company policy, stating that if anyone is found engaged in such behavior, their services will be terminated immediately. In the future, if it reoccurs, seek the consultation of seniors/managers and just fire them. In my view, no compromise!
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Hi Manoj,
You are right. However, everyone needs to know this. Therefore, I suggest that when the HR person is preparing this policy, they should display it on the notice board and send an email to every employee. This way, all employees will be informed about it.
Thanks & Regards,
NEHA SHARMA
Asst. Manager-HR
9953613996
From India, Delhi
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You are right. However, everyone needs to know this. Therefore, I suggest that when the HR person is preparing this policy, they should display it on the notice board and send an email to every employee. This way, all employees will be informed about it.
Thanks & Regards,
NEHA SHARMA
Asst. Manager-HR
9953613996
From India, Delhi
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Hi Sanika,
I am not that experienced to suggest you, but you know that all HR policies should include the implementation of a sexual harassment policy in your company. Formally inform all the employees about this policy, and if any incidents occur, take appropriate action. You should outline the various actions you will take in such situations.
From India, Hyderabad
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I am not that experienced to suggest you, but you know that all HR policies should include the implementation of a sexual harassment policy in your company. Formally inform all the employees about this policy, and if any incidents occur, take appropriate action. You should outline the various actions you will take in such situations.
From India, Hyderabad
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Hello,
Can someone please suggest how we can handle a fake dowry case filed by a woman who is neglectful of her children but desires a luxurious lifestyle? Is there any law or NGO that can protect the childhood of these innocent children?
Please advise.
Rajeev Kumar
9718466805
From India, Delhi
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Can someone please suggest how we can handle a fake dowry case filed by a woman who is neglectful of her children but desires a luxurious lifestyle? Is there any law or NGO that can protect the childhood of these innocent children?
Please advise.
Rajeev Kumar
9718466805
From India, Delhi
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Hi Sanika,
I agree with Samvedan. First, you have to send a common message to all your employees that some complaints have been received regarding harassment. Without disturbing your organization's environment, you have to handle that situation. After sending a message to everyone by mail or notice board, put those places under surveillance to monitor and identify those involved (without pointing out anybody) in the incidents. Just send a message that the offenders have been identified.
Also, boost the confidence of your female employees by assuring them that you support them and will work to prevent such incidents in the future. Avoid taking any actions that may widen the gap between men and women as it could negatively impact your organization. Only resort to issuing warning letters or other legal actions if necessary.
As an HR professional, you need to control the situation without disrupting daily work and the work environment.
From India, Pune
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I agree with Samvedan. First, you have to send a common message to all your employees that some complaints have been received regarding harassment. Without disturbing your organization's environment, you have to handle that situation. After sending a message to everyone by mail or notice board, put those places under surveillance to monitor and identify those involved (without pointing out anybody) in the incidents. Just send a message that the offenders have been identified.
Also, boost the confidence of your female employees by assuring them that you support them and will work to prevent such incidents in the future. Avoid taking any actions that may widen the gap between men and women as it could negatively impact your organization. Only resort to issuing warning letters or other legal actions if necessary.
As an HR professional, you need to control the situation without disrupting daily work and the work environment.
From India, Pune
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Dear Sanika,
All members give you the best suggestions for your case. You may build a committee for Sexual Harassment in which an equal number of men and women employees participate for your future prevention.
With Regards,
Vineet Deshmukh
From India, Yavatmal
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All members give you the best suggestions for your case. You may build a committee for Sexual Harassment in which an equal number of men and women employees participate for your future prevention.
With Regards,
Vineet Deshmukh
From India, Yavatmal
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Dear Kamal,
This is true - many complaints come anonymously. This is commonly attributed to a weak prevention policy. An effective policy, awareness-raising, and orientation are key ways to take the taboo out of "sexual harassment". Everyone wants to work in a culture free from inappropriate behavior. HR and Management need to create this buy-in from their stakeholders through concrete processes. In the absence of any effective visibility or discussion on the issue at the workplace, many complainants hesitate and opt for silence. Preventive processes are the first step out of such anonymity. In any event, the policy can provide (within reason) for anonymous complaints.
Regards,
Naina Kapur
From India, Delhi
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This is true - many complaints come anonymously. This is commonly attributed to a weak prevention policy. An effective policy, awareness-raising, and orientation are key ways to take the taboo out of "sexual harassment". Everyone wants to work in a culture free from inappropriate behavior. HR and Management need to create this buy-in from their stakeholders through concrete processes. In the absence of any effective visibility or discussion on the issue at the workplace, many complainants hesitate and opt for silence. Preventive processes are the first step out of such anonymity. In any event, the policy can provide (within reason) for anonymous complaints.
Regards,
Naina Kapur
From India, Delhi
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Dear Amit,
The policy should be the same for all categories of employees. Being a valuable asset to the organization is not a license to indulge in immoral activity.
I would suggest that more serious action should be taken if someone in a senior position indulges in immoral activity by invading the privacy of a female employee.
You should know that Infosys terminated the service of its Europe marketing/sales head, Mr. Phanish Narayan Murthi, due to allegations of molestation involving one of its employees in the US. At that time, the Chairman of Infosys, Mr. N. Narayana Murthy, did not wait for the investigation to complete and asked Mr. Phanish to resign immediately until he proved innocent. Mr. Phanish pleaded innocence, requested the Chairman to allow the investigation to be completed by the US police, and refused to resign, but he was dismissed from his service.
The moral code of conduct should be stricter for very senior people because they are supposed to be role models for other employees.
In India, the Chairman of the Apparel Export Promotion Council was dismissed from his service because he tried to molest his private secretary at Hotel Taj in Mumbai. This matter was ultimately decided by the Supreme Court of India, which upheld the dismissal from the service.
Any action of a superior against a female employee that goes against moral standards, decency, and modesty should be treated as sexual harassment, and strict action should be taken against the accused.
Regards,
Kamal
From India, Pune
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The policy should be the same for all categories of employees. Being a valuable asset to the organization is not a license to indulge in immoral activity.
I would suggest that more serious action should be taken if someone in a senior position indulges in immoral activity by invading the privacy of a female employee.
You should know that Infosys terminated the service of its Europe marketing/sales head, Mr. Phanish Narayan Murthi, due to allegations of molestation involving one of its employees in the US. At that time, the Chairman of Infosys, Mr. N. Narayana Murthy, did not wait for the investigation to complete and asked Mr. Phanish to resign immediately until he proved innocent. Mr. Phanish pleaded innocence, requested the Chairman to allow the investigation to be completed by the US police, and refused to resign, but he was dismissed from his service.
The moral code of conduct should be stricter for very senior people because they are supposed to be role models for other employees.
In India, the Chairman of the Apparel Export Promotion Council was dismissed from his service because he tried to molest his private secretary at Hotel Taj in Mumbai. This matter was ultimately decided by the Supreme Court of India, which upheld the dismissal from the service.
Any action of a superior against a female employee that goes against moral standards, decency, and modesty should be treated as sexual harassment, and strict action should be taken against the accused.
Regards,
Kamal
From India, Pune
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Dear Sanika,
You just need to try to find the cause as to why he did it. Is he habitual in doing this, or did he do it only to you? Please check if there is anything unknowingly done by you that might have hurt him. If he has been working with you for a long time and this is the first time, it indicates there might be some misunderstanding between you two, or someone may have misguided him against you. Otherwise, it is quite certain that the male coworker is very cooperative with ladies. This is my view. By thinking negatively, there may be more disturbance in his mind. Stay calm and try to understand why he acted that way.
Rajeev Kumar
9718466805
From India, Delhi
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You just need to try to find the cause as to why he did it. Is he habitual in doing this, or did he do it only to you? Please check if there is anything unknowingly done by you that might have hurt him. If he has been working with you for a long time and this is the first time, it indicates there might be some misunderstanding between you two, or someone may have misguided him against you. Otherwise, it is quite certain that the male coworker is very cooperative with ladies. This is my view. By thinking negatively, there may be more disturbance in his mind. Stay calm and try to understand why he acted that way.
Rajeev Kumar
9718466805
From India, Delhi
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[QUOTE=mani_pooja;1653551]
Hi Neha! Keep it simple. Mention these acts of misbehavior or eve teasing in your company policy, stating that if anyone is found there, services will be terminated immediately. In the future, if it repeats, seek the consultation of seniors/managers and just FIRE them. As per my view, No COMPROMISE!!!!
Dear Manoj,
"Just FIRE" is not the ultimate solution; she has to work there, and she is not aware of the background of that person. So, suggest her to solve this matter intelligently. Don't give her such ideas.
Thanks,
R.K.
From India, Delhi
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Hi Neha! Keep it simple. Mention these acts of misbehavior or eve teasing in your company policy, stating that if anyone is found there, services will be terminated immediately. In the future, if it repeats, seek the consultation of seniors/managers and just FIRE them. As per my view, No COMPROMISE!!!!
Dear Manoj,
"Just FIRE" is not the ultimate solution; she has to work there, and she is not aware of the background of that person. So, suggest her to solve this matter intelligently. Don't give her such ideas.
Thanks,
R.K.
From India, Delhi
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I would like to know how to link hike to a particular employee salary. Eg: If a person salary is 10k gross and sal has been hiked to 10% on gross, how should it reflect in his salary?
From India, Hyderabad
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From India, Hyderabad
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Sexual Harassment Policy.doc