Hello, everyone,

I am new to this citehr.com. I want to draft a warning letter against one of the staff members who is mentally harassing me by passing comments, teasing, and showing interest in me, which is very awkward for me. I am the only HR in the organization and have already approached management, who have now asked me to issue a warning letter against him.

Please guide me on how to draft the letter.

Regards

From India, Thane
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Dear friend,

It appears that you are a female HR, and the person you are referring to is a male one.

Before the issuance of the warning letter, it is important to give feedback in person. The warning letter should be based on the facts that emerge in the feedback session. This is important because what if he completely denies having done anything like this? Do you have evidence of whatever this person has done?

Let the feedback session be conducted by the management or any other very senior person. Keep ready at hand the instances of his misdemeanors. Explain to him that office etiquette or workplace etiquette cannot be codified to the last detail. Discretion demands drawing a line to avoid encroachment of personal space. As of now, disciplinary action is not initiated; nevertheless, the recurrence of these acts will lead to the initiation of severe disciplinary action under the provisions of the Sexual Harassment Act.

The essence of feedback lies in maintaining the motivation level of the employee. We are not here to pulverize him. He should not get incensed further because of criticism. Therefore, note that negative criticism has no place in the feedback session. Tell him that for a healthy workplace culture, following workplace etiquette is of utmost importance. It is this healthy workplace that maintains the motivation of all employees, ultimately satisfying our customers.

Lastly, the feedback session should always end with obtaining agreement from the other side. He should summarize what he has done and agree not to repeat it in the future. He should maintain a reasonable distance from you.

If the employee acknowledges his wrongdoing, then there is no need to issue the warning letter. A simple letter summarizing what has been discussed is sufficient. However, this documentation is very important.

If the employee is unyielding or unrelenting, inform him that you will be forced to make an official complaint under the provisions of sexual harassment laws. The recently enacted laws on sexual harassment are far more stringent, and he will have to face dire consequences. However, thereafter, you need to be doubly cautious with this person.

Thanks,

Dinesh Divekar

From India, Bangalore
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Thank you for your reply, sir.

Since I have the evidence from the CCTV footage, the accused won't understand the situation without a feedback session. Therefore, I would like to draft a strong warning letter against him so that if he repeats the same actions in the future, management will ask him to leave the organization.

Please help.

Regards

From India, Thane
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Dear friend,

If you have CCTV footage and if you are strict about wrongdoing, then first you need to submit an application to the authorities concerned about what has happened. Based on this application, your management needs to issue a show cause notice to the accused. If the accused admits guilt, then have them submit an apology letter. With this apology letter, a warning letter may be issued. If the accused employee remains adamant and refuses to accept guilt, then proceed with a domestic enquiry under the provisions of the Sexual Harassment Act. Please note that this is not a routine enquiry. The composition of the enquiry committee is different in these cases.

I recommend that you prepare a draft of the show cause notice on your own and upload it here. Senior individuals like me will further review and correct it. In the show cause notice, you should include details such as what happened, when and where it occurred, how many times it happened, who were the parties involved in the incident, and what the impact of the behavior was.

Thanks,

Dinesh Divekar

From India, Bangalore
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Thank you, sir.

Now I got the exact point. I will definitely ask him in the return application that he won't repeat the same. I will try to mail you the warning letter draft for approval.

Thank you. Your comments really helped me a lot.

Regards

From India, Thane
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Dear friend,

Have you given a warning to the stalker in your personal capacity? If he has disregarded your warnings, then you may submit a formal application for sexual harassment. However, if his misconduct is established in the inquiry, it will be considered a severe offense. Aside from the punishment, it could also jeopardize his career.

Thanks,

Dinesh Divekar

From India, Bangalore
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Avika
122

This seems to be a case of sexual harassment. You can file a formal complaint with the company, and it shall be taken up by the Internal Committee as per the process of the law.

If you need any guidance in the matter, please feel free to connect.

Thanks & Regards,
Avika Kapoor

From India, New Delhi
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