Dear Seniors,

I am an HR Professional and I am facing an issue that is common in dealing with other employees. There is a guy who is a sales manager, with the company having 70% of his clients. He holds a senior position and is considered the most powerful individual. However, he has started to chase me unethically by calling and messaging me at odd timings and behaving unprofessionally, often talking nonsense. Despite my warnings to him multiple times to stop this behavior, he has shown no improvement. I am concerned that Management may not listen to my complaints as he is seen as more important to them.

Please advise on whether I should escalate this matter to Management or if I should consider resigning quietly.

Thank you.

From India, New Delhi
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Dear Archi,

This is a typical scenario in Indian companies where one person or even a department calls the shots, and others are expected to be subjugated by him or them. If he has mustered the courage to call you at odd hours, it shows his audacity. The reason for his audaciousness originates from his view that, more than me, the management is dependent on me. Therefore, I can have my way.

Anyway, continue to warn him. However, while doing so, start generating evidence of your communication with him. Begin recording the telephone calls. Never disclose to him that you have started generating evidence of his misdemeanors.

If things come to such a pass where you are no longer in a position to bear with him, then approach the management. Let's see what happens.

In the meanwhile, start finding out his weaknesses. Can these weaknesses be exposed to the management, albeit surreptitiously?

If nothing works, start searching for another job. Finally, achieving our career goal is important to us, and not objective is not reforming one's behavior.

Thanks,

Dinesh Divekar

From India, Bangalore
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nathrao
3180

Sales manager is stuck in his own ego trip and assumed power (as per what you say). Start recording his voice, make note of timings he visits you and what he said, and if there are witnesses, names. Keep his WhatsApp number blocked when you leave the office, so that he cannot message you. At any rate, fully document his actions - date, time, actions, place (office, canteen, corridors, etc.). Discreetly sound out your coworkers and find out whether he is treating only you in this creepy fashion or others as well, and also his earlier history if possible. Once your groundwork is complete and he is not ready to understand that his behavior is unacceptable and unwanted, then put it in writing to higher management. Meanwhile, look around for another job on the side so you can step out of this company and hopefully into another company. Don't be scared, and be firm.
From India, Pune
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Ya sir, I can understand your situation.

Usually, it happens for two reasons:

1. Generally, newly joined employees, in their way of approach, apply a strategy or formula of obeying any orders given by anyone, including an attender or office boy. This phenomenon lasts for 2 to 3 months. Then the newly joined employee thinks that he has understood everyone and can stand on his own way. He will give and implement his own style. During this budding time, some senior staff may interpret it as leniency and behave as mentioned in your case. The only thing you should do is show your own style of approach in settling every issue. It will easily resolve with word of mouth publicity, and the individual will stop his embarrassing way of calling you.

Now, moving on to the second possibility:

2. Personality issue. Suppose you have a small personality, whether young or old, innocent or ignorant in appeal, always depending so much on others, which gives leniency to others. If you stop asking everyone everything and stay cool and calm, it will bring tension to the minds of ragging-natured seniors. Within a few months, everything will return to normal. In any case, you have to prove your competence in problem analysis and problem-solving methods. If needed, consider changing from a firm to a lighter company.

From India, Nellore
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Dear Madam,

This is a clear case falling under sexual harassment in the workplace, and you need to take actions under the law if you so desire. You need to escalate the matter as you have given enough warnings but no change is seen.

Without giving it a try, your assumption that the higher management may side with him may not be correct. Despite your expressing dislike and warnings for his unprofessional approach and behavior at and off the workplace, if he has not changed, it is high time you speak to the decision-maker with date-wise incidents and your verbal warnings.

If he is married, next time he continues to indulge in the same behavior, tell him you will have to inform his wife/family members as well as the police as a last resort.

I do not favor any hasty decision to change the job but favor your firm actions without fear within available means under the law.

Regards,

Vinayak Nagarkar HR and Employee Relations Consultant

From India, Mumbai
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Dear Archie,

I feel that you should give him a final warning so that he does not misbehave with you in the future. However, in case he does call you at odd hours or talks about irrelevant things, please record them and keep the call log handy. I would also suggest that you verbally inform the IC members and not be in haste to file a written complaint. If his behavior improves, then that's good for you. If not, you can make a written complaint to the IC member under the POSH Act. Do not consider the option of resignation at this juncture.

From India, Mumbai
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Dear Friend,
Here problem lying with Managing Directors/business owners. There is no competency in Sales. That is the reason he becomes egoistic, unprofessional and unethical. Challenges/problems are everywhere in workplaces/industries. One Sales Manager withholding lions share, 70% clients of the company, and makes unbreakable position with power/money. He has the core value in his profession and managing directors support him.
An organisation/company should not mould by one employee. Here HR has to go through competency. Hire other experienced Sales Head/President from competitors. If hired employee performs well other person’s power and support will decrease. But hiring cost/Management support will be a problem.
Never show your weakness to the world, because world is much interested to play with it. Problems are wonderful ‘transition points’ in life. Problems will come to your life to make you or break you. HR has a bigger role to play in mitigating the challenges by creating appropriate capabilities across the industry/sector.
Yours faithfully,
Mohandas Nair.

From India, Mumbai
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The behavior is mostly in the realm of sexual harassment (we do not have the full details, so people are guessing).

In that case, under the POSH regulations, the company is bound to take action on a complaint by the woman employee.

If your company has a Sexual Harassment Committee, you can make a formal complaint to the chairperson of the committee.

If the company does not have a committee, then it is in violation of the law. In which case, you can file a complaint with the District Committee set up by the District Magistrate (you need to see where the local committee office is).

However, if you are taking a step of complaining to the authorities, your life in the company may become difficult. So, you need to consider all options, including how important the job is to you and the ease of getting another job if you need to change.

From India, Mumbai
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rkn61
651

@Archi1993,

Presence of such individuals is common in many companies. When these employees perform well (or rather deliver results that benefit the company), they may become overconfident and believe that the top management or chief executive is under their influence. This mindset motivates them to engage in such behavior.

However, as you mentioned in your post, do not avoid your roles and responsibilities. When you start confronting him assertively (not aggressively), he will likely become demotivated. If he continues with his behavior, prepare a written complaint and submit it to the Chief Executive of your company, with a copy to the Delhi Commission for Women. Since you are located in New Delhi, below is the address of the Commission:

Delhi Commission for Women
Address: C-Block, 2nd floor, Vikas Bhawan, ITO, IP Estate, New Delhi, Delhi 110002
Phone: 011 2337 9181

As our senior member advised you, please ensure you keep proof of any documentation you create regarding this matter.

From India, Aizawl
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Oh, sorry, madam... you are a girl.

Ok, then you change your way of approach. Report his unnatural behavior to Higher Department officers in writing; make a copy to the MD and chairman levels. Even if he does not change, please lodge a complaint with the police. The results may lead to him being put behind bars under the case of sexual harassment in the workplace, which is a serious crime.

Request the police to keep it confidential. They will certainly manage things in your favor.

If you are shy to go to the police station, then seek help from the local labor department by filing a complaint.

That individual will be called to the LABOR DEPT office for an inquiry. If not, the company's higher officers will be summoned for a joint meeting and suggest his transfer or any suitable action when proven guilty. He may even face suspension or be dismissed from the company. Similar incidents have occurred in many companies where individuals, considered stalwarts and pillars of the company, were removed due to such actions. So, don't worry. Be brave. We are all with you.

Protection of Women from Sexual Harassment in the Workplace is a central act. It was implemented nationwide about a year ago and all state governments have been instructed to enforce it rigorously. The labor department has been included to ensure that there is no sexual harassment in the inspecting company during their inspections. A column has been added to the inspection proforma for this purpose.

Moreover, the responsibility of maintaining a sexual harassment-free environment falls within their jurisdiction. If any such complaints are received, the labor office must address them seriously for resolution.

From India, Nellore
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you have option to complaint under POSH Act. ensure you have proper evidences
From India , Mumbai
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Dear Seniors,

Thank you for your suggestions and guidance, but in my case, management can't do anything. I really don't want any hassle for them or for myself, so I have submitted my resignation to them.

From India, New Delhi
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Oh, disgusted. Yes, we can understand, Madam. But cool. Society is too polluted. "Any weak-minded may be 'adjusted' with them," that is their trial. Even the Government sector can also be found the same. But transfers are big hopes for all. That person or herself may get transferred. In your situation, you have to wait for some more time or give them some time to change their behavior. Why did you judge or feel yourself a mistake? Apply for leave with no salary for 3 months on medical grounds. Actually, I don't even suggest this. But to improve your self-confidence, you should take psychic rest for some time; you are needed now. Don't take hasty decisions on high temper. Elders say, "If the road is too bad to walk, wear suitable shoes for safety walk, but don't expect to lay a full soft carpet on that road." We should take precautions like wearing a mask, maintaining distance. In the same way, your situation applies here. The new company may or may not be the same. But you follow precautions like anyone in the mob may have corona. Self-precautions may do a great thing.

Recently, we got a complaint from a rural woman village revenue secretary complaining that a subordinate is talking sexually, roughly on the phone, disobeying her orders. On inquiry, it came to know:

1. Too much lenience
2. Too much socializing with all staff has given the wrong opinion to some dirty fellows.

Later rectified with transfers to both with cool counselings. So, I am not applying this to your instance. Be brave and rethink by applying long leave on medical grounds as per your present mind tensions. All the best. Forgive me if I am wrong, Madam.

From India, Nellore
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Dear,

This is a clear case under the POSH Act. Below are the steps you can take:

- Start collecting proofs.
- Give a strict warning to that Sales Manager about his misbehavior.
- Give a written complaint to the IC Committee/Senior Management with proofs.
- Inform the same to your family members about the incident.
- If there is no action by your management, then you can go to the local Complaint Committee/Police Station. You can also inform the Women's Commission.

There is no need to quit your job by making an early decision. There are a thousand ways to teach him a lesson.

Thanks,
BK

From India,
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I don't think Management will do anything in such a case. It's better to resign. These are, of course, my views. I have 25 years of experience in this line and have worked in higher positions directly reporting to the Chairman. Many cases happen; the recent case involves a Sales Manager with 10 years of experience. However, another salesperson with the same experience was promoted to Deputy General Manager. The Sales Manager with 10 years of experience has submitted their resignation to me, citing a disconnect of 3 hours with top Management. I hope you understand the situation.

Jayant Nisal
nisaljayant@yahoo.com
7875757963

From India, Pune
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Dear Archi,

You may feel offended by my thoughts, but if you take them seriously, the sky will be your limit.

First of all, most employees at the beginning of their careers feel the same way. By their reaction patterns, they may inadvertently head towards a dead end in the company and then move to a new organization with hopes of improvement, only to find it in vain. You cannot always confront or change your job, nor can you change the personality of your superior. The key is to change yourself.

The steps you should follow are to perform honestly, provide all possible information to your senior at least twice a day—once at the beginning of the day and again before leaving the office. By doing this, other issues will likely not seem as important, and you will firstly develop good relations with your superior and secondly advance your career within the same organization, eliminating the need to consider changing jobs.

I hope you will adhere to my advice diligently to excel in your career. Best of luck in advance.

From India, Guna
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First of all, do not panic. You are not doing anything wrong, and for somebody else's misbehavior, you should not get affected. The whole world is a mixture of good and bad.

Now coming to the specific issue, please implement an Employee Code of Conduct. In many organizations, suddenly some people start thinking that just because they contribute towards the success of the organization, they have the right to behave in any manner. However, in reality, any organization is the result of its team effort, products, and services, and customer service.

So my recommendation is to get buy-in from management to execute a Code of Conduct policy and then take all steps to ensure that every single employee in your organization adheres to this.

Also, never get into any kind of argument with the person mentioned in your post, statements, or threatening or anything related to his behavior or your intent to introduce a new policy.

Now, to speed up the whole process, I am also sharing a free model policy template: https://qr.ae/pGNLpz

From India, Bangalore
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The only option for you is to clearly tell the person that this behavior is unacceptable. If he continues to do so, you may complain to the POSH committee in your company and seek appropriate remedy.
From India, Chennai
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