----What if Remedy for Sexual Harassment Complaint Gets Elusive?----
On Holi Festival Day, declared as Plant Holiday, a Young Woman Engineer-Trainee receives Tele-Call, Caller identifies him as Plant Head, invites her to Join Holi Revelers at Plant Club House, she politely declines his Invitation pleading she is not OK with Liquid Holi colors. He disconnects his Mobile phone. After 10 minutes, he calls again on her Mobile saying, “OK join us we are celebrating with dry colors, she declines his offer saying even dry colors itches her skin. He disconnects. In next Ten Minutes he calls her up begging desperately “Aa Bhi Jao, Bhaang Tow Lelo”. She is furious at his temerity for outraging her Modesty as a Woman, disconnects, ponders over her plight and starts next day knocking at Office of HR Manager at 8 am and complains about the Unwelcome and Humiliating to her act & behavior of Plant Head insisting immediate remedial action for his Harassing Behavior. HR Manager assures he would take up her Complaint but Two days after hands over her Employment Termination Order Letter.
What to do in this/such Cases? Guidance from learned PoSH Practitioners shall enlighten present & future IC Members.
Harsh Kumar Sharan, Kritarth Consulting
#holistichr #PoshMasters
From India, Delhi
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214On Holi Festival Day, declared as Plant Holiday, a Young Woman Engineer-Trainee receives Tele-Call, Caller identifies him as Plant Head, invites her to Join Holi Revelers at Plant Club House, she politely declines his Invitation pleading she is not OK with Liquid Holi colors. He disconnects his Mobile phone. After 10 minutes, he calls again on her Mobile saying, “OK join us we are celebrating with dry colors, she declines his offer saying even dry colors itches her skin. He disconnects. In next Ten Minutes he calls her up begging desperately “Aa Bhi Jao, Bhaang Tow Lelo”. She is furious at his temerity for outraging her Modesty as a Woman, disconnects, ponders over her plight and starts next day knocking at Office of HR Manager at 8 am and complains about the Unwelcome and Humiliating to her act & behavior of Plant Head insisting immediate remedial action for his Harassing Behavior. HR Manager assures he would take up her Complaint but Two days after hands over her Employment Termination Order Letter.
What to do in this/such Cases? Guidance from learned PoSH Practitioners shall enlighten present & future IC Members.
Harsh Kumar Sharan, Kritarth Consulting
#holistichr #PoshMasters
From India, Delhi
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Dear Harsh Kumar Sharan,
My views are as follows:
The termination order is not proper, valid, and just. It is an illegal termination, regardless of the employee's category.
The company does not appear to be following the POSH Act. The HR department seems to be unaware of the law. Otherwise, the HR would have advised the woman to approach the IC or escalated the matter to the IC. I doubt whether the company has an IC. I have witnessed many companies without an IC. HR professionals are often unaware of the POSH Act. Just today, a highly knowledgeable HR professional informed me that the POSH Act applies when there are 10 or more female employees.
It also appears that the company has not conducted any POSH awareness programs. Otherwise, the woman would have filed a complaint with the IC if it indeed existed.
If the woman escalates this issue to the appropriate level, the company may face trouble.
If there is an IC in this company and no complaints have been received, the IC should properly advise the HR on this matter and maintain evidence that this issue was not reported to them.
From India, Mumbai
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My views are as follows:
The termination order is not proper, valid, and just. It is an illegal termination, regardless of the employee's category.
The company does not appear to be following the POSH Act. The HR department seems to be unaware of the law. Otherwise, the HR would have advised the woman to approach the IC or escalated the matter to the IC. I doubt whether the company has an IC. I have witnessed many companies without an IC. HR professionals are often unaware of the POSH Act. Just today, a highly knowledgeable HR professional informed me that the POSH Act applies when there are 10 or more female employees.
It also appears that the company has not conducted any POSH awareness programs. Otherwise, the woman would have filed a complaint with the IC if it indeed existed.
If the woman escalates this issue to the appropriate level, the company may face trouble.
If there is an IC in this company and no complaints have been received, the IC should properly advise the HR on this matter and maintain evidence that this issue was not reported to them.
From India, Mumbai
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Sexual Harassment.pdf