I am HR in the company and there is a casual worker who is on contract has been harassed by an employee of the company on roll and he is denying that he has not done anything so now what should be the course of action and if we terminate the employee then on what grounds he should be terminated?? Please reply fast
From India, Delhi
From India, Delhi
Courts have said that termination is capital punishment - death sentence - for employee, so go easy on that.
Will the concerned lady submit written complaint? Without written complaint you cant take ANY action, leave alone termination. The content of complaint will say whether it is case of sexual harassment.
If the lady gives written complaint which amounts to sexual harassment, you can approach the employee & inform him that the company has taken serious view of the complaint. You may also show him the copy of complaint. And ask the employee to resign & tell him that company will conduct enquiry & terminate your services.
If he doesn't resign conduct enquiry as per the Prevention of Sexual Harassment act; it is on the same lines as 'domestic enquiry' under the standing orders act.
From India, Mumbai
264Will the concerned lady submit written complaint? Without written complaint you cant take ANY action, leave alone termination. The content of complaint will say whether it is case of sexual harassment.
If the lady gives written complaint which amounts to sexual harassment, you can approach the employee & inform him that the company has taken serious view of the complaint. You may also show him the copy of complaint. And ask the employee to resign & tell him that company will conduct enquiry & terminate your services.
If he doesn't resign conduct enquiry as per the Prevention of Sexual Harassment act; it is on the same lines as 'domestic enquiry' under the standing orders act.
From India, Mumbai
Palak,
If Internal complaints committee as per the sexual harassment of women at workplace (prevention, prohibition and redressal act) is formed within your organisation then report the matter before committee else immediately form ICC and report matter before it, keeping in mind the fact that formation of ICC is mandatory for all organisations having 10+ employees.
if your organisation size is less than 10 then involve your employer into the matter and explicate the complete facts to him/her, and let employer do the rest.
you cannot terminate the employee without holding him guilty, therefore, inquiry need to done in this case.
for further details on inquiry procedure or formation of ICC or any type of legal matter, feel free to call/mail me or visit my blog - juristshub.blogspot.com
If Internal complaints committee as per the sexual harassment of women at workplace (prevention, prohibition and redressal act) is formed within your organisation then report the matter before committee else immediately form ICC and report matter before it, keeping in mind the fact that formation of ICC is mandatory for all organisations having 10+ employees.
if your organisation size is less than 10 then involve your employer into the matter and explicate the complete facts to him/her, and let employer do the rest.
you cannot terminate the employee without holding him guilty, therefore, inquiry need to done in this case.
for further details on inquiry procedure or formation of ICC or any type of legal matter, feel free to call/mail me or visit my blog - juristshub.blogspot.com
Dear Guidance-Seeker,
Your Query: "I am HR in the company and there is a casual worker who is on contract has been harassed by an employee of the company on roll and he is denying that he has not done anything so now what should be the course of action and if we terminate the employee then on what grounds he should be terminated?? Please reply fast". 23rd June 2017 From India, Delhi
Guidance from Team Kritarth Spl Educator: " Immediately forward the Report, even if made verbally with the Incident Report to be written down by the Person to who she first reported her Sexual Harassment, or the Written Complaint submitted by her the Aggrieved Woman Employee at her Workplace i.e. your Company's Premises, to the ICC if your Employer has constituted the ICC under SH WW Act 2013 and the Rules
so that the ICC Commences their Proceedings in accordance with the Principles of Natural Justice and the Procedures laid down for such Internal Inquiry. After the ICC submits their Report with Findings, the Employer should take necessary Disciplinary Action as per the Standing Oreders or the Services Rules as applicable to the Harasser/Respondent, as the case may be.
Till the ICC Proceedings are concluded/ completed, please advice your Employer to provide Protection to the Aggrieved Woman Complainant - employed/engaged as Casual Worker.
Expedite actio-steps swiftly now
Team Kritarth
Home | Kritarth Consulting Private Limited
29.6.17
From India, Delhi
Your Query: "I am HR in the company and there is a casual worker who is on contract has been harassed by an employee of the company on roll and he is denying that he has not done anything so now what should be the course of action and if we terminate the employee then on what grounds he should be terminated?? Please reply fast". 23rd June 2017 From India, Delhi
Guidance from Team Kritarth Spl Educator: " Immediately forward the Report, even if made verbally with the Incident Report to be written down by the Person to who she first reported her Sexual Harassment, or the Written Complaint submitted by her the Aggrieved Woman Employee at her Workplace i.e. your Company's Premises, to the ICC if your Employer has constituted the ICC under SH WW Act 2013 and the Rules
so that the ICC Commences their Proceedings in accordance with the Principles of Natural Justice and the Procedures laid down for such Internal Inquiry. After the ICC submits their Report with Findings, the Employer should take necessary Disciplinary Action as per the Standing Oreders or the Services Rules as applicable to the Harasser/Respondent, as the case may be.
Till the ICC Proceedings are concluded/ completed, please advice your Employer to provide Protection to the Aggrieved Woman Complainant - employed/engaged as Casual Worker.
Expedite actio-steps swiftly now
Team Kritarth
29.6.17
From India, Delhi
Dear Palak,
Has the employee given an written complaint as is mandated by the POSH Act 2013.If the complaint is in writing, then you have to forward it to the CC for necessary action. The CC has to conduct a proper enquiry as envisaged by the Act. If there is no written complaint, then you can ask the lady if she wants any assistance in preparing the complaint, then same should be given and documented. If she is unwilling to give any written complaint, then you can call the complainant and respondent separately and listen to their version and evidence if any. Then you can decide independently if the incidence has occurred in fact or not. The further action will depend on the outcome of all this.
From India, Pune
Has the employee given an written complaint as is mandated by the POSH Act 2013.If the complaint is in writing, then you have to forward it to the CC for necessary action. The CC has to conduct a proper enquiry as envisaged by the Act. If there is no written complaint, then you can ask the lady if she wants any assistance in preparing the complaint, then same should be given and documented. If she is unwilling to give any written complaint, then you can call the complainant and respondent separately and listen to their version and evidence if any. Then you can decide independently if the incidence has occurred in fact or not. The further action will depend on the outcome of all this.
From India, Pune
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