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pradeepnair
Hi Friends, Can you let me know the procedure/process to be followed for initiating disciplinary action against a delinquent employee/s under Sexual Harassment. thanks & regards
From India, Mumbai
sameerparanjape
12

Hi,
Sexual harrasment at work place is considered grave misconduct in law. You immedietly can suspend the employee who has committed the misconduct and initiate regular departmental enquiry against him by appointing an enquiry officer (refer provisions of the Model Standing Orders). If e.o. finds him guilty he can be terminated.
OR alternatively you can file police complaint through the victim and when police arrest the employee you can suspend him till final decision of the criminal court i.e. you can await the decision of the criminal court. If criminal court acquits him you have to take him back to work. If he is convicted you can terminate him.
S.M. Paranjape, Advocate

From India, Pune
shubharao
Hi,
I am an expert in helping companies set up Complaints and Redressal Mechanism to address complaints of sexual harassment at workplace, in line with the Indian Supreme Court Guidelines based on the landmark Vishaka Case.
However, since my services are chargeable, kindly let me know if your organisation is interested in setting up this. I can be reached at

From India, Bangalore
Madhu.T.K
4239

If you need to conduct an enquiry please follow the tips given in the following link wherein you can find a presentation prepared by me (which is also available in this forum as posted by me, perhaps in 2008)
DISCIPLINARY ACTION.pdf ACTION.pdf
If you want to prepare a policy against sexual harassment in your establishment in line with Apex Courts directions, please take a draft available in my folder in the following link.
Policy against Sexual Harassment.doc against Sexual Harassment.doc
The above draft is in word format so as to enable you to make necessary changes as you desire.
Regards,
Madhu.T.K

From India, Kannur
psmoholkar
3

If you want to take an actions for sexual harassment kindly read the Judgement of Vishika of the Suprement Court. It is self explanatory.
From India, Pune
venkitny
Rainmaker, a leading learning and content company in the field of law has come up with a sexual harassment compliance product \"Worksafe\". Worksafe assists the HR/Legal team for corporates in implementing the policies and procedures to comply with the latest sexual harassment laws. Worksafe is unique as it provides collaterals, training workshops (both online & in-person) for employees and other assessments to ensure that corporates comply with the law. Please visit www.rainmaker.co.in\" or mail us at for more details.
attribution http://citehr.com#ixzz30AqYiON5

From India, Thane
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