Hi Rajiv,
Your question, as it stands, is far too vague.
If you try to define "sexual harassment", you will find that in some respects it is relative.
In other words, it is a matter of opinion, and the opinion that matters most is that of the "victim".
Consider this:
A group of people (men and women) are standing around in conversation. One of the men recites a joke, and all but one have a laugh. The one that does not is offended by the joke, even though it was not directed at them personally. Is that sexual harassment?
Yes, it is.
Therefore, it is imperative that an organization has a clear Harassment Policy to include sexual harassment.
However, such a policy is useless if there is no properly construed Grievance Policy and Procedure.
Only by following the procedure to its conclusion can appropriate punishment be handed out; this can range from counseling and training to being instantly dismissed.
As an aside note:
It is also important to include a clause in the Contract of Employment (if issued) or Terms of Employment (if issued), but certainly in the Offer of Employment stating that all company policies, rules, and procedures form part of the Contract/Terms or Offer.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Your question, as it stands, is far too vague.
If you try to define "sexual harassment", you will find that in some respects it is relative.
In other words, it is a matter of opinion, and the opinion that matters most is that of the "victim".
Consider this:
A group of people (men and women) are standing around in conversation. One of the men recites a joke, and all but one have a laugh. The one that does not is offended by the joke, even though it was not directed at them personally. Is that sexual harassment?
Yes, it is.
Therefore, it is imperative that an organization has a clear Harassment Policy to include sexual harassment.
However, such a policy is useless if there is no properly construed Grievance Policy and Procedure.
Only by following the procedure to its conclusion can appropriate punishment be handed out; this can range from counseling and training to being instantly dismissed.
As an aside note:
It is also important to include a clause in the Contract of Employment (if issued) or Terms of Employment (if issued), but certainly in the Offer of Employment stating that all company policies, rules, and procedures form part of the Contract/Terms or Offer.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Dear Mr. Ravi Jha007,
Consequences and actions to sexual harassment are remorseless. However, there has been an Act against Sexual Harassment of Women at the workplace, and this redressal act No. 14 of 2013 is in force. Please refer below to understand the Act and the capital punishment set right.
From India, Visakhapatnam
Consequences and actions to sexual harassment are remorseless. However, there has been an Act against Sexual Harassment of Women at the workplace, and this redressal act No. 14 of 2013 is in force. Please refer below to understand the Act and the capital punishment set right.
From India, Visakhapatnam
Hi Rajiv Jha,
Develop an anti-harassment policy in the organization if you don't have one. The level of punishment should be according to the service rules of your organization until you have a policy in place. As you know, sexual harassment amounts to misconduct. The new law has outlined levels of punishment that can also be referred to when drafting a policy for your organization.
From India, Delhi
Develop an anti-harassment policy in the organization if you don't have one. The level of punishment should be according to the service rules of your organization until you have a policy in place. As you know, sexual harassment amounts to misconduct. The new law has outlined levels of punishment that can also be referred to when drafting a policy for your organization.
From India, Delhi
Dear Jha If it is proved, record the complaint and collect the witnesses atleast two and termination is the final punishment suitable for this. Regards==SRao==
From India, Hyderabad
From India, Hyderabad
Dear Usha,
We cannot wait idly until policies are established for unethical issues. If we issue a termination letter, the individual in question may ask for forgiveness and submit their resignation letter, which can then be easily accepted. I hope you will agree.
Regards,
S. Rao
From India, Hyderabad
We cannot wait idly until policies are established for unethical issues. If we issue a termination letter, the individual in question may ask for forgiveness and submit their resignation letter, which can then be easily accepted. I hope you will agree.
Regards,
S. Rao
From India, Hyderabad
First and foremost, has the crime been established without any ambiguity. Are you acting only on a complaint? Do you have a committee or a team to monitor and control harassment? What is the ratio of women employees versus men? How big is your team on sexual harassment? Do not decide anything unilaterally. If you have a law in place, employees have been communicated about the rules, its implications, etc., then the rules should have the punishment as well.
Please do some homework before posting your query here.
Best wishes
From India, Bengaluru
Please do some homework before posting your query here.
Best wishes
From India, Bengaluru
Dear Subba Rao N.V.,
It is very unfair to assume that the respondent (accused) is guilty without conducting a formal inquiry and without giving the respondent a fair chance to defend himself. I don't agree with you. You need to have some evidence to prove that the respondent is guilty of the offense. If the respondent challenges your decision in court, it means you are inviting litigation. I am sure every organization/establishment has its own service rules, and action could be taken as per the service rule that applies to misconduct until it frames a policy of its own on this issue or can also go by the new Act. The in-house complaints committee functions as a neutral and unbiased independent committee.
From India, Delhi
It is very unfair to assume that the respondent (accused) is guilty without conducting a formal inquiry and without giving the respondent a fair chance to defend himself. I don't agree with you. You need to have some evidence to prove that the respondent is guilty of the offense. If the respondent challenges your decision in court, it means you are inviting litigation. I am sure every organization/establishment has its own service rules, and action could be taken as per the service rule that applies to misconduct until it frames a policy of its own on this issue or can also go by the new Act. The in-house complaints committee functions as a neutral and unbiased independent committee.
From India, Delhi
Friends,
Sexual harassment, when proven in a domestic inquiry, should result in dismissal and nothing less. As to what constitutes sexual harassment, it is not necessary for individual companies and establishments to lay down the parameters, and it is not proper to do so. The new law enacted by the Central Government, any other existing state law, and the earlier Supreme Court judgment in the Visakha case are the guiding principles regarding what constitutes sexual harassment.
In my view, even the subsequent willingness of the lady in question should not be allowed to dilute the punishment since the offense is against the community at large.
O Abdul Hameed Formerly Addl Commissioner ESIC
From India, Coimbatore
Sexual harassment, when proven in a domestic inquiry, should result in dismissal and nothing less. As to what constitutes sexual harassment, it is not necessary for individual companies and establishments to lay down the parameters, and it is not proper to do so. The new law enacted by the Central Government, any other existing state law, and the earlier Supreme Court judgment in the Visakha case are the guiding principles regarding what constitutes sexual harassment.
In my view, even the subsequent willingness of the lady in question should not be allowed to dilute the punishment since the offense is against the community at large.
O Abdul Hameed Formerly Addl Commissioner ESIC
From India, Coimbatore
In my opinion, once the grievance has been raised, you need to adhere to the company handbook/policy on sexual harassment, a copy of which was given to the employee during his induction.
The first thing to do is to suspend the employee immediately in writing until further notice.
1) Invite the employee for an investigation.
2) Gather facts/enquire about details of the incident/names of witnesses/any other evidence.
3) Investigate witnesses/any other evidence.
4) Based on the above, invite the employee for a disciplinary hearing.
5) Establish the facts and ensure the employee agrees that such actions are unacceptable. If the employee is aware that Sexual Harassment is considered gross misconduct/misconduct (as per company policy).
6) After the disciplinary hearing and witness statements, draft a response.
In my opinion, Sexual Harassment is a gross misconduct. Depending on the gravity of the offense, the employee could either be terminated or given a final written warning (mentioning that repentance of such actions would lead to further dismissal).
In case there is no policy in your organization, please refer to the laws on Sexual Harassment.
From India, Mumbai
The first thing to do is to suspend the employee immediately in writing until further notice.
1) Invite the employee for an investigation.
2) Gather facts/enquire about details of the incident/names of witnesses/any other evidence.
3) Investigate witnesses/any other evidence.
4) Based on the above, invite the employee for a disciplinary hearing.
5) Establish the facts and ensure the employee agrees that such actions are unacceptable. If the employee is aware that Sexual Harassment is considered gross misconduct/misconduct (as per company policy).
6) After the disciplinary hearing and witness statements, draft a response.
In my opinion, Sexual Harassment is a gross misconduct. Depending on the gravity of the offense, the employee could either be terminated or given a final written warning (mentioning that repentance of such actions would lead to further dismissal).
In case there is no policy in your organization, please refer to the laws on Sexual Harassment.
From India, Mumbai
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