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rupavathi
3

Dear Seniors,
Recently a problem raised in one of our branch. Small conversation has gone between one male and female employee, during conversation male employee came to beat her. She has given complaint against to the BM, but there is no use. Now she is facing a tough time in the branch. All male employees are behaving rudely with her and challenged her that "we will see how u work here from today onward's".
Now please suggest me how i have to react to this situation.
Note added by Moderator
Please note that the issue has been resolved. We should read all the posts before giving our views

From India, Kakinada
dev83_hr
33

Dear,
As per sexual harassment act,this is illegal and lady employee can take a legal step on this action.she can submit a written sexual harassment letter on the objection of this thing to the labor court according to their grading.Department of labor can take necessary action.
Regarding this deal with labor department and submit written letter on the same.
Hope this will help you...........
Regards

From India, Ludhiana
Gurgaon HR
94

Hey wait !!
don't make this matter so hard and dont assume anything without consulting.
No one is "bechara or Bechari" in today's world when male/female are having all equal rights.
Take the initiative, go and have the written explaination from both of them. look the matter form every corner if possible collect some witnesses. prepare the report and go to Head of the Concern, if no action will be taken by the management then suggest her to go to the labour court with all support.
Regards,
Gurgaon HR

From India, Gurgaon
rupavathi
3

In taking the written explanation, i have a problem.. Lady employee given me complaint asking me that not to inform the Male employee that she has given complaint. Because she may face some problem from them. As they are not under our direct observation / control. This branch is in other state.
From India, Kakinada
rupavathi
3

Manager is on that male employees side.. as fault is with them, he didn’t responded. My role is, she gave a complaint to me. Now management asked me to solve this issue.
From India, Kakinada
saswatabanerjee
2393

Sorry, I was not clear
Are you in HR department ?
What is your designation and normal function ?
If the employee does not give a formal complain, the management can initiate an enquiry on its own. But resolve means what ? Do you mean find out what happened and punish the concerned person ? Or does it mean counsell the manager and the employee or does it mean settle by getting the 2 sides to come to a truce including perhaps an apology
Depending on the type of company, attitude of management, etc this can become very nasty. It can also become a very serious matter if the lady feels she is not getting justice and can't continue working and decides to file a police complain. Remember that your business manager and management will need to explain why they did not take action knowing it is a case of harassment or physical violence against a women in the office.
Based on your answer members can give suggestions.

From India, Mumbai
planterstn
Agree with saswatabanerjee fully. Folks, let us be very clear that this issue has practically nothing or very little to do with the Labour Court, nor is there a 'sexual harassment act' as understood by dev83. This is a clear case of crime under the Indian Penal Code and in any case, the management is required to act as per the directions of the Supreme Court on sexual harassment in the case of Visaka Vs. State of Rajasthan.
I find it strange that the affected lady having given a written complaint, does not want a formal investigation in the matter. So, Rupavathi, don't lose any further time for initiating action on the complaint by calling for explanation from the aggressor, whether the manager or the lady like it not, unless of course, she withdraws her complaint and wants the matter to be treated as closed.

From India, Coimbatore
saswatabanerjee
2393

I am not sure if the matter can be treated as closed even if the lady says so
It needs to be actioned
Else the matter can come back more serious with allegations of coercion to make the lady withdraw the complain

From India, Mumbai
rupavathi
3

Banerjee Sir,
I'm HR in our company.
Employee didn't given any written complaint. She has intimated me through phone. Management asked me to investigate on this issue and find out the ways how we can take action on that guy. But i didn't find any evidence to show the management to give warning / punishment to that guy.

From India, Kakinada
mimosa2012
4

Hi Rupavathi,
I think you should first inquire with the other employees, who witnessed the verbal fight, how it started and whose fault it was and then take appropriate action. You came to know about the matter from the female employee, I think it would be better if you check with the male employee and see what he has to say regarding this.
Regards,
Mimosa

From India, Kochi
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