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Hi Pinky,

My best advice is that you should ask her to file a complaint with the Human Rights Commission. I am telling you this because she is a senior and has ten years of service. If you approach management, they may not take any action on it. It is just for show. It is better if you do as suggested above.

Regards, Santy

From India, Bangalore
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Hi Pinki,

You should have a one-on-one conversation with the lady as well as the senior employee. Meanwhile, check their previous records and references. Check with the team members who are working alongside them. Collect the facts together and make a case of the allegation. Take it in writing from the lady and the team members and ask them to sign the case study.

If the allegations are true, then you should have a meeting (known as an inquiry) with this senior employee and a team comprising the HR Head, the top executive who should be neutral from both sides. The discussion should be based only on facts, and once the allegations are proven true, you can ask the senior employee to sign his conduct. Once this is done, you can terminate the employee.

If it is otherwise (i.e., the lady has made false allegations), then again, you can take similar steps and terminate the lady.

Hope this clarifies.

Regards,
Gayatri

From India, Madras
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Hi dear, first of all, if you are really working in the industry, then handle it very carefully. You should go through the records of senior persons and collect more information from other employees about his behavior. Before taking any action, you should get a written explanation from the female employee, then discuss the whole issue with top personnel or HR. You should set up a domestic inquiry, and according to the result, you should take proper disciplinary action according to the standing orders of your company.
From India
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Hi Pinki,

Since the matter is sensitive because a senior person is involved in this issue, first, you should take a written statement from the female employee. Then, ask the male employee why no action should be initiated against him and take his statement as well. Please set up an inquiry on this matter. If the senior person is found guilty, take immediate and strict disciplinary action against him or suspend him pending the inquiry. If the female employee's statement is false, also take appropriate action against her, but do not let it escalate.

Ajay

From India, Jamshedpur
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Any unwanted or unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, causes unreasonable interference with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
From India, New Delhi
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Dear Pinki,

This type of problem is prevalent in many organizations, but some problems are apparent while many remain hidden. As you described, this issue exists in your organization. To address this situation, you should step forward to present the facts to the top management, with the support of other senior female employees. Recently, a bill addressing this issue was passed in the Indian Gazette. Therefore, take action to prevent such unethical behavior in our workplace.

Thank you.

From India, Jamshedpur
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Sexual harassment complaints must be dealt with the utmost care and concern. Under the revised law, if the lady opts to lodge a complaint with the police, arrests are imminent, bringing disrepute to the organization you work for. As an HR professional, what you must do is set up an Internal Complaints Committee under the new Sexual Harassment Act 2013 (under the Vishaka guidelines), which should have at least four members, half of whom should be women. One of the women members should be from outside (ideally somebody who works in an NGO or for women's rights, etc.). Every organization needs to have such a Committee all the time. Women can approach the Internal Complaints Committee directly, and if, by chance, the complaint has come to the HR, it is recommended that you route it to the Committee. The Committee, depending on the seriousness of the charges/allegations, will make appropriate and collective decisions.

This is what the law mandates, and I am sure this will also aid HR professionals in such unpleasant situations, particularly when senior people are involved in the allegations.

9810275244

From India
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Hi,

I agree with almost all of the responses. However, in practice, if the incident has not been witnessed by anyone, then it becomes a case of one's word against the other. Obviously, one of them is lying and is doing it well. But how do you decide who is lying? Who do you take action against?

Eme

From India, Mumbai
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what is the due date of submission of POSH act return
From India, Mumbai
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kindly share how to write invite mail for conducting ICC meeting
From India, Chennai
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