If the employer/management receives a written complaint from an aggrieved female employee-complainant alleging sexual harassment by her superior colleague, followed by the resignation letter from the same superior accused of the harassment requesting the employer/management to release him after the notice period, what should be done? There were rumors that he had somehow become aware of the complaint filed against him.
From India, Delhi
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214From India, Delhi
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Response to Sexual Harassment Complaint with Resignation Letter
In the scenario described, where an employer receives a Sexual Harassment Complaint from an aggrieved female employee against her superior colleague followed by the resignation of the accused, certain crucial steps need to be taken to ensure a fair and lawful resolution to the matter.
🔹 Refer the Complaint to the ICC: The employer must promptly forward the written complaint to the Internal Complaints Committee (ICC) as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013. Include any explanation letter or show-cause notice and response from the accused for ICC's review.
🔹 Inform the Accused: Notify the accused employee in writing that his resignation request is on hold as a complaint has been filed against him. Advise him to cooperate with the ICC proceedings and attend any required meetings.
🔹 Encourage Cooperation: Request the accused to cooperate fully with the ICC, attend proceedings, and provide any necessary evidence or witnesses.
🔹 Facilitate ICC Process: Provide necessary support for the ICC to conduct a thorough investigation, ensuring the presence of all involved parties and any evidence required.
🔹 Monitor ICC Report: Supervise the ICC's process to ensure adherence to the prescribed timeline for submitting findings and recommendations.
🔹 Take Disciplinary Action: Upon receiving the ICC report, act on its findings promptly and take appropriate disciplinary action if the accused is found guilty of sexual harassment.
It's essential for the employer to handle such cases with sensitivity, following legal protocols and ensuring a fair investigation to protect the rights and well-being of all employees involved.
Reference
http://www.kritarth.in
From India, Gurugram
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In the scenario described, where an employer receives a Sexual Harassment Complaint from an aggrieved female employee against her superior colleague followed by the resignation of the accused, certain crucial steps need to be taken to ensure a fair and lawful resolution to the matter.
🔹 Refer the Complaint to the ICC: The employer must promptly forward the written complaint to the Internal Complaints Committee (ICC) as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013. Include any explanation letter or show-cause notice and response from the accused for ICC's review.
🔹 Inform the Accused: Notify the accused employee in writing that his resignation request is on hold as a complaint has been filed against him. Advise him to cooperate with the ICC proceedings and attend any required meetings.
🔹 Encourage Cooperation: Request the accused to cooperate fully with the ICC, attend proceedings, and provide any necessary evidence or witnesses.
🔹 Facilitate ICC Process: Provide necessary support for the ICC to conduct a thorough investigation, ensuring the presence of all involved parties and any evidence required.
🔹 Monitor ICC Report: Supervise the ICC's process to ensure adherence to the prescribed timeline for submitting findings and recommendations.
🔹 Take Disciplinary Action: Upon receiving the ICC report, act on its findings promptly and take appropriate disciplinary action if the accused is found guilty of sexual harassment.
It's essential for the employer to handle such cases with sensitivity, following legal protocols and ensuring a fair investigation to protect the rights and well-being of all employees involved.
Reference
http://www.kritarth.in
From India, Gurugram
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Handbook on Sexual Harassment of Women at Workplace.pdf
As passed by LS Sexual Harassment at Workplace Bill 2012.zip