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Hi Rajiv,
Your question, as it stands, is far too vague.
If you try to define "sexual harassment", you will find that in some respects it is relative.
In other words, it is a matter of opinion and the opinion that matters most is that of the "victim".
Consider this:
A group of people (men and women) are standing around in conversation. One of the men recites a joke and all but one have a laugh. The one that does not is offended by the joke, even though it was not directed at them personally. Is that sexual harassment?
Yes, it is.
Therefore, it is imperative that an organization has a clear Harassment Policy to include sexual harassment.
However, such a policy is useless if there is no properly construed Grievance Policy and Procedure.
Only by following the procedure to its conclusion can appropriate punishment be handed out; this can range from counselling and training to being instantly dismissed.
As an aside note:
It is also important to include a clause in the Contract of Employment (if issued) or Terms of Employment (if issued) , but certainly in the Offer of Employment stating that all company polices, rules and procedures form part of the Contract/Terms or Offer.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Your question, as it stands, is far too vague.
If you try to define "sexual harassment", you will find that in some respects it is relative.
In other words, it is a matter of opinion and the opinion that matters most is that of the "victim".
Consider this:
A group of people (men and women) are standing around in conversation. One of the men recites a joke and all but one have a laugh. The one that does not is offended by the joke, even though it was not directed at them personally. Is that sexual harassment?
Yes, it is.
Therefore, it is imperative that an organization has a clear Harassment Policy to include sexual harassment.
However, such a policy is useless if there is no properly construed Grievance Policy and Procedure.
Only by following the procedure to its conclusion can appropriate punishment be handed out; this can range from counselling and training to being instantly dismissed.
As an aside note:
It is also important to include a clause in the Contract of Employment (if issued) or Terms of Employment (if issued) , but certainly in the Offer of Employment stating that all company polices, rules and procedures form part of the Contract/Terms or Offer.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Dear Mr. Ravi Jha007,
Consequences and actions to Sexual Harassment is remorseless. However, there has been an Act against Sexual Harassment of Women at workplace & this redressal act No.14 of 2013 is in force. Please refer the below to understand the Act and the capital punishment set right.
From India, Visakhapatnam
Consequences and actions to Sexual Harassment is remorseless. However, there has been an Act against Sexual Harassment of Women at workplace & this redressal act No.14 of 2013 is in force. Please refer the below to understand the Act and the capital punishment set right.
From India, Visakhapatnam
Hi Rajiv Jha,
Develop an anti harassment policy in the organization if you don't have one or level of punishment should be according to the service rule of your organization till you have policy and as you know sexual harassment amounts to misconduct. The new law has framed level of punishment and that can also be referred while framing a policy of your organization.
From India, Delhi
Develop an anti harassment policy in the organization if you don't have one or level of punishment should be according to the service rule of your organization till you have policy and as you know sexual harassment amounts to misconduct. The new law has framed level of punishment and that can also be referred while framing a policy of your organization.
From India, Delhi
Dear Jha If it is proved, record the complaint and collect the witnesses atleast two and termination is the final punishment suitable for this. Regards==SRao==
From India, Hyderabad
From India, Hyderabad
Dear Usha,
We cannot hold our hands till policies are created for un-ethical issues. If we issue termination letter, the concerned will beg for excuse and submit their resignation letter and it can be accepted easily. Hope you will agree...
Regards=S Rao
From India, Hyderabad
We cannot hold our hands till policies are created for un-ethical issues. If we issue termination letter, the concerned will beg for excuse and submit their resignation letter and it can be accepted easily. Hope you will agree...
Regards=S Rao
From India, Hyderabad
First and foremost, has the crime been established without any ambiguity. Are you acting only on a complaint ? Have you got a committee or a team to monitor and control harassment. What is the ratio of women employees versus men ? How big is your team on sexual harassment. Do not decide anything unilateraly. If you have got a law in place, employees have been communicated about the rule its implications etc, then the rules should have the punishment as well.
Please do some home work before posting your query here.
Best wishes
From India
Please do some home work before posting your query here.
Best wishes
From India
Dear Subba rao n.v.,
It is very unfair, without conducting an formal inquiry and without giving the respondent a fair chance to defend himself and to assume that the respondent (accused) is guilty I don't agree with you . You need to have some evidence to prove that the respondent is guilty of the offense. If the respondent challenges your decision in the court means you are inviting litigation . i am sure every organization/establishment has its own service rules and action could be taken as per the service rule that applies to misconduct till it frames a policy of its own on this issue, or can also go by the new Act . The in- house complaints committee functions as neutral and unbiased independent committee.
From India, Delhi
It is very unfair, without conducting an formal inquiry and without giving the respondent a fair chance to defend himself and to assume that the respondent (accused) is guilty I don't agree with you . You need to have some evidence to prove that the respondent is guilty of the offense. If the respondent challenges your decision in the court means you are inviting litigation . i am sure every organization/establishment has its own service rules and action could be taken as per the service rule that applies to misconduct till it frames a policy of its own on this issue, or can also go by the new Act . The in- house complaints committee functions as neutral and unbiased independent committee.
From India, Delhi
Friends
Sexual harassment, when proved in a domestic inquiry, should result in dismissal and nothing less. As to what is sexual harassment, it is not necessary for individual companies and establishment to lay down the parameters and it is not proper to do so. The new law enacted by Central Government, any other existing law of the State and earlier Supreme Court judgement in Visakha case, are the guiding principle as to what constitute sexual harassment.
In my view even the subsequent willingness of the lady in question should not be allowed to dilute the punishment since the offense is against the community at large.
O Abdul Hameed
Formerly Addl Commissionr ESIC
From India, Coimbatore
Sexual harassment, when proved in a domestic inquiry, should result in dismissal and nothing less. As to what is sexual harassment, it is not necessary for individual companies and establishment to lay down the parameters and it is not proper to do so. The new law enacted by Central Government, any other existing law of the State and earlier Supreme Court judgement in Visakha case, are the guiding principle as to what constitute sexual harassment.
In my view even the subsequent willingness of the lady in question should not be allowed to dilute the punishment since the offense is against the community at large.
O Abdul Hameed
Formerly Addl Commissionr ESIC
From India, Coimbatore
In my opinion once the grievance been raised you need to adhere to the company handbook/policy on sexual harassment a copy of which was given to the employee on his induction.
first thing is suspend the employee immediately in writing until further notice.
1) Invite employee for investigation
2) gather facts/ enquire detaile of incident/ names of witnesses/ any other evidence
3) investigate witnesses/ any other evidence
4) based on above invite employee for a disciplinary hearing.
5) establish the facts and employee to agree that such act is unacceptable and if he is aware Sexual harassment is gross misconduct/ misconduct (whatever the policy states)
6) after the disciplinary hearing/ witness statement - draft response
in my opinion SH is a gross misconduct and depending on gravity of the office employee could be either terminated or given a final written warning ( mentioning repentance of such act wud lead to further dismissal).
In case if no policy in your org pls refer to the act on SH.
From India, Mumbai
first thing is suspend the employee immediately in writing until further notice.
1) Invite employee for investigation
2) gather facts/ enquire detaile of incident/ names of witnesses/ any other evidence
3) investigate witnesses/ any other evidence
4) based on above invite employee for a disciplinary hearing.
5) establish the facts and employee to agree that such act is unacceptable and if he is aware Sexual harassment is gross misconduct/ misconduct (whatever the policy states)
6) after the disciplinary hearing/ witness statement - draft response
in my opinion SH is a gross misconduct and depending on gravity of the office employee could be either terminated or given a final written warning ( mentioning repentance of such act wud lead to further dismissal).
In case if no policy in your org pls refer to the act on SH.
From India, Mumbai
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