--Sexual Harassment of Woman at Workplace--
" What if, a Woman-Employee FILES her Sexual Harassment Complaint against her Immediate Superior, and thereafter Submits her Resignation Letter in person in the H R Dept to the HR Manager and from the next Day Stops reporting for Duty?"
We, Kritarth Team requests respectable Readers to please Share your Valuable Insights on the Point-to-Ponder Poll-Post;
Harsh Kumar Sharan,
For Kritarth Consulting Pvt Ltd.
Former Employee Tata Steel Jamshedpur Plant
Human Relation Management Purists
hksharan@kritarth.in...//shakti@kritarth.in/ 9660453756
21st August 2022.......Blog) https://holistichr.blogspot. com
From India, Delhi
200" What if, a Woman-Employee FILES her Sexual Harassment Complaint against her Immediate Superior, and thereafter Submits her Resignation Letter in person in the H R Dept to the HR Manager and from the next Day Stops reporting for Duty?"
We, Kritarth Team requests respectable Readers to please Share your Valuable Insights on the Point-to-Ponder Poll-Post;
Harsh Kumar Sharan,
For Kritarth Consulting Pvt Ltd.
Former Employee Tata Steel Jamshedpur Plant
Human Relation Management Purists
hksharan@kritarth.in...//shakti@kritarth.in/ 9660453756
21st August 2022.......Blog) https://holistichr.blogspot. com
From India, Delhi
Dear Harsh Kumar Sharan,
" What if, a Woman-Employee FILES her Sexual Harassment Complaint against her Immediate Superior, and thereafter Submits her Resignation Letter in person in the H R Dept to the HR Manager and from the next Day Stops reporting for Duty?
If a woman employee files a sexual harassment complaint against her immediate superior then it should be immediately referred to the Internal Committee (IC). IC will decide whether the complaint has substance or not. If there is no substance or if the complaint is not worthy of investigation, then the woman employee may be intimated accordingly. If the allegations of sexual harassment merit investigation, then it must be investigated and the report should be forwarded to the management for awarding a suitable punishment.
However, if the same woman also submits a letter of resignation, then HR could have told her that the administration will be forced to hold her resignation in abeyance till the investigation of her complaint is completed. Her presence is necessary for the smooth enquiry and she needs to cooperate with the IC.
Filing sexual harassment complaints and absconding from duty are two independent things. Both have no relation. Absconding from duties is misconduct and it has to be dealt with appropriately. However, after the sexual harassment, a woman becomes distraught. Her case needs to be seen with empathy. Therefore, a sufficiently senior HR professional or any other competent woman may visit her home and impress on her to report for the duties. While going to her home, he/she should carry an authorisation letter to visit her home. While meeting her, the company representative may tell other family members to leave them alone.
She needs to be apprised that the gravity of her complaint and the reputation of the organisation at its stake. Therefore, she should report for her duties and attend to the enquiry. If she is absent from duties, in her absence, the enquiry cannot be conducted and her complaint cannot be taken to a logical conclusion. The HR representative should impress upon her that justice will be done to her.
Secondly, she can very well resign from the job however, she needs to complete her notice period if any.
After the visit, the HR representative should apprise the authorities concerned, about what transpired in the meeting and the higher authorities should send a written communication giving her assurance that the matter will be handled with due sensitivity and justice will be done to her. In the same letter, she is to be apprised of the consequences of absconding from her duties.
Nothing further can be written as the future course of action will depend on whether the woman starts attending to her duties on or not and the outcome of the investigation.
Thanks,
Dinesh Divekar
From India, Bangalore
" What if, a Woman-Employee FILES her Sexual Harassment Complaint against her Immediate Superior, and thereafter Submits her Resignation Letter in person in the H R Dept to the HR Manager and from the next Day Stops reporting for Duty?
If a woman employee files a sexual harassment complaint against her immediate superior then it should be immediately referred to the Internal Committee (IC). IC will decide whether the complaint has substance or not. If there is no substance or if the complaint is not worthy of investigation, then the woman employee may be intimated accordingly. If the allegations of sexual harassment merit investigation, then it must be investigated and the report should be forwarded to the management for awarding a suitable punishment.
However, if the same woman also submits a letter of resignation, then HR could have told her that the administration will be forced to hold her resignation in abeyance till the investigation of her complaint is completed. Her presence is necessary for the smooth enquiry and she needs to cooperate with the IC.
Filing sexual harassment complaints and absconding from duty are two independent things. Both have no relation. Absconding from duties is misconduct and it has to be dealt with appropriately. However, after the sexual harassment, a woman becomes distraught. Her case needs to be seen with empathy. Therefore, a sufficiently senior HR professional or any other competent woman may visit her home and impress on her to report for the duties. While going to her home, he/she should carry an authorisation letter to visit her home. While meeting her, the company representative may tell other family members to leave them alone.
She needs to be apprised that the gravity of her complaint and the reputation of the organisation at its stake. Therefore, she should report for her duties and attend to the enquiry. If she is absent from duties, in her absence, the enquiry cannot be conducted and her complaint cannot be taken to a logical conclusion. The HR representative should impress upon her that justice will be done to her.
Secondly, she can very well resign from the job however, she needs to complete her notice period if any.
After the visit, the HR representative should apprise the authorities concerned, about what transpired in the meeting and the higher authorities should send a written communication giving her assurance that the matter will be handled with due sensitivity and justice will be done to her. In the same letter, she is to be apprised of the consequences of absconding from her duties.
Nothing further can be written as the future course of action will depend on whether the woman starts attending to her duties on or not and the outcome of the investigation.
Thanks,
Dinesh Divekar
From India, Bangalore
*** Point-to-Ponder***
---What if, a Woman-Employee Files a Sexual Harassment Complaint against her Superior, and immediately thereafter Submits her Resignation Letter, in person to the same Superior Manager and submits an Application for 1 Day's Leave, and Stops reporting for Duty?
Kritarth Team is awaiting for Respected Reader's Feedback and Guidance
Harsh Kumar Sharan
Kritarth Consulting Pvt Ltd Team
hksharan@kritarth.in...//shakti@kritarth.in ...//9560453756
Please read our Blog Posts on https://holistichr.blogspot.com for Topics on
Workplace Discipline Management; Framing H R Vision, Mission and Values Integration, Management Training & Development Initiative; Allaboutposh
23.8.2022
From India, Delhi
---What if, a Woman-Employee Files a Sexual Harassment Complaint against her Superior, and immediately thereafter Submits her Resignation Letter, in person to the same Superior Manager and submits an Application for 1 Day's Leave, and Stops reporting for Duty?
Kritarth Team is awaiting for Respected Reader's Feedback and Guidance
Harsh Kumar Sharan
Kritarth Consulting Pvt Ltd Team
hksharan@kritarth.in...//shakti@kritarth.in ...//9560453756
Please read our Blog Posts on https://holistichr.blogspot.com for Topics on
Workplace Discipline Management; Framing H R Vision, Mission and Values Integration, Management Training & Development Initiative; Allaboutposh
23.8.2022
From India, Delhi
The company will still need to process the complaint and take necessary action.
The management needs to decide wether to accept the resignation or persuade her to wait for the resolution.
Mostly, acceptance at that stage will give rise to accusation of supporting sexual harassment
From India, Mumbai
The management needs to decide wether to accept the resignation or persuade her to wait for the resolution.
Mostly, acceptance at that stage will give rise to accusation of supporting sexual harassment
From India, Mumbai
Hello Kritarth;
The lady has complained. She is on notice period. She asked for 1 day leave is a minor and separate issue. So long as she does not withdraw her complaint, complaint stands and has to be investigated. In view of her resignation the enquiry has to be completed within one month. If she does not appear in the enquiry or does not depose, the enquiry can be concluded opining that 'The Complaint is not pressed.' IC does not and cannot conclude either Respondent is guilty or not guilty. Nor can Respondent demand such a verdict.
Vibhakar Ramtirthkar.
From India, Pune
The lady has complained. She is on notice period. She asked for 1 day leave is a minor and separate issue. So long as she does not withdraw her complaint, complaint stands and has to be investigated. In view of her resignation the enquiry has to be completed within one month. If she does not appear in the enquiry or does not depose, the enquiry can be concluded opining that 'The Complaint is not pressed.' IC does not and cannot conclude either Respondent is guilty or not guilty. Nor can Respondent demand such a verdict.
Vibhakar Ramtirthkar.
From India, Pune
---Step-by-Step Procedure for Redressal of Sexual Harassment Complaint ---
Are all Presiding Officers and Employee- Members and Non-Employee Members (External) of all the Internal Committees; Fully Familiar with the "Step-by-Step Procedure for Redressal of Sexual Harassment Complaint?
Are all HR Heads, HR Managers, HR Executives, and HR Practitioners, Well-Conversant with the Laid-down Procedure for Redressal of Sexual Harassment Complaints?
Are we all clear about the Fact that " the Internal Committees are not the Disciplining Authority"?
Queries, Questions for Answers are Welcome
Kritarth Team is ready and willing to Clarify any Doubts or dilemmas or variations in Interpretation relating to Step-by-Step Procedures laid down by the Laws for Redressal of Sexual Harassment Complaints,if any
Harsh K Sharan, XLRI Alumnus;
Kritarth Consulting Pvt Ltd Team
hksharan@kritarth.in...// shakri@kritarth.in..// 9560453 756
29th August 2022
From India, Delhi
Are all Presiding Officers and Employee- Members and Non-Employee Members (External) of all the Internal Committees; Fully Familiar with the "Step-by-Step Procedure for Redressal of Sexual Harassment Complaint?
Are all HR Heads, HR Managers, HR Executives, and HR Practitioners, Well-Conversant with the Laid-down Procedure for Redressal of Sexual Harassment Complaints?
Are we all clear about the Fact that " the Internal Committees are not the Disciplining Authority"?
Queries, Questions for Answers are Welcome
Kritarth Team is ready and willing to Clarify any Doubts or dilemmas or variations in Interpretation relating to Step-by-Step Procedures laid down by the Laws for Redressal of Sexual Harassment Complaints,if any
Harsh K Sharan, XLRI Alumnus;
Kritarth Consulting Pvt Ltd Team
hksharan@kritarth.in...// shakri@kritarth.in..// 9560453 756
29th August 2022
From India, Delhi
Dear Mr Harsh Kumar Sharan,
On 21st Aug 2022, you had raised a query on the topic of sexual harassment. Though it was replied to, still you raised the same query on 23rd Aug 2022. Now on 29th Aug 2022, you say that you know the step-by-step procedure on how to handle sexual harassment complaints and you are ready to address queries by the members.
If you know the step-by-step procedure, then what was the logic of raising queries on 21st and 23rd Aug 2022?
Members are expected to raise genuine queries and should not attempt to attract eyeballs to their posts. The members cannot use this forum to market their services either overtly or covertly. There are better places for marketing the services. The members should use them to get better results.
Thanks,
Dinesh Divekar
From India, Bangalore
On 21st Aug 2022, you had raised a query on the topic of sexual harassment. Though it was replied to, still you raised the same query on 23rd Aug 2022. Now on 29th Aug 2022, you say that you know the step-by-step procedure on how to handle sexual harassment complaints and you are ready to address queries by the members.
If you know the step-by-step procedure, then what was the logic of raising queries on 21st and 23rd Aug 2022?
Members are expected to raise genuine queries and should not attempt to attract eyeballs to their posts. The members cannot use this forum to market their services either overtly or covertly. There are better places for marketing the services. The members should use them to get better results.
Thanks,
Dinesh Divekar
From India, Bangalore
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