We received a complaint letter (Third-party complaint) stating that she noticed many times, some group of male employees giving sexually suggestive comments on female employees who go for lunch to the canteen.
At this juncture, I need clarifications on:
1. Is it handled by ICC?
2. If yes, according to the POSH Act, what are the steps to be adapted for the inquiry?
With warm regards
From India, Villupuram
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2At this juncture, I need clarifications on:
1. Is it handled by ICC?
2. If yes, according to the POSH Act, what are the steps to be adapted for the inquiry?
With warm regards
From India, Villupuram
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Dear member,
What is happening at your company is horrible. Any woman, whether employed as a regular employee or as a casual, temporary, outsourced employee, has the right to live with dignity. If salacious comments are made against any woman employee, it merits investigation.
Before providing a solution to your challenge, please confirm what you mean by "third-party complaint."
Now, coming to the solution. Yes, the matter falls within the purview of POSH, and nowadays it is not ICC but just IC (Internal Committee). You may call the complainant to your office and ask her to gather material evidence. For this, she may sit reasonably close to the employee and record the conversation. Most Android phones have built-in apps for recording, and additional apps can be downloaded as well. However, instruct the woman employee to check the maximum duration for recording. If the comments have a sexual undertone, advise the woman employee to confront the individual making such remarks. While confronting such employees, she should be polite but firm and should not lose emotional control. Let her not reveal that the conversation is being recorded.
I suggest gathering material evidence to strengthen the case. Once she has incontrovertible evidence, she should approach HR once again with the audio clip. HR can then proceed as per the procedures outlined in the POSH Act.
Thanks,
Dinesh Divekar
From India, Bangalore
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What is happening at your company is horrible. Any woman, whether employed as a regular employee or as a casual, temporary, outsourced employee, has the right to live with dignity. If salacious comments are made against any woman employee, it merits investigation.
Before providing a solution to your challenge, please confirm what you mean by "third-party complaint."
Now, coming to the solution. Yes, the matter falls within the purview of POSH, and nowadays it is not ICC but just IC (Internal Committee). You may call the complainant to your office and ask her to gather material evidence. For this, she may sit reasonably close to the employee and record the conversation. Most Android phones have built-in apps for recording, and additional apps can be downloaded as well. However, instruct the woman employee to check the maximum duration for recording. If the comments have a sexual undertone, advise the woman employee to confront the individual making such remarks. While confronting such employees, she should be polite but firm and should not lose emotional control. Let her not reveal that the conversation is being recorded.
I suggest gathering material evidence to strengthen the case. Once she has incontrovertible evidence, she should approach HR once again with the audio clip. HR can then proceed as per the procedures outlined in the POSH Act.
Thanks,
Dinesh Divekar
From India, Bangalore
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You can just record the audio or audio with video and submit the same as a proof to HR in writing. Make sure that the information is not passed on to anyone.
From India, Hyderabad
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From India, Hyderabad
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Any aggrieved woman can file a complaint of sexual harassment to IC within 3 months of the incident.
The period within which one can file the complaint can also be extended to another period of three months.
Also, where the aggrieved woman is unable to make a complaint due to her physical incapacity, her legal heir, relative or friend, co-worker, an officer of the National Commission for Women or State Women’s Commission may make a complaint to the IC on her behalf, with her permission.
Also, if the woman is suffering from mental incapacity, a qualified psychiatrist or psychologist or the guardian or authority under whose care she is receiving treatment or care, can file a complaint before the IC.
Besides inquiry into the matter by the team of IC. You bring the conspicious place under CC TV survilance. This is time to raise the confidence of the women employee by the management by holding a meeting to raise confidence that management is serious over the matter of harresment as reported.
From India, Mumbai
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The period within which one can file the complaint can also be extended to another period of three months.
Also, where the aggrieved woman is unable to make a complaint due to her physical incapacity, her legal heir, relative or friend, co-worker, an officer of the National Commission for Women or State Women’s Commission may make a complaint to the IC on her behalf, with her permission.
Also, if the woman is suffering from mental incapacity, a qualified psychiatrist or psychologist or the guardian or authority under whose care she is receiving treatment or care, can file a complaint before the IC.
Besides inquiry into the matter by the team of IC. You bring the conspicious place under CC TV survilance. This is time to raise the confidence of the women employee by the management by holding a meeting to raise confidence that management is serious over the matter of harresment as reported.
From India, Mumbai
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Dear Mr. Prabhat Ranjan Mohanty,
You have outlined the procedure to file a complaint of sexual harassment, but many times proving the misconduct becomes difficult due to the lack of impeccable evidence. By the way, this is just a case of sexual innuendos. What about a proper rape case itself? The conviction rate in rape cases in India is just 25%.
Our judicial system has a tenet - "no person should be held guilty unless proved." While this tenet might have raised the moral standing of the judicial system, it has also helped the criminals as proving guilt is not that easy in India. Secondly, much depends on the forcefulness with which the cases are represented.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have outlined the procedure to file a complaint of sexual harassment, but many times proving the misconduct becomes difficult due to the lack of impeccable evidence. By the way, this is just a case of sexual innuendos. What about a proper rape case itself? The conviction rate in rape cases in India is just 25%.
Our judicial system has a tenet - "no person should be held guilty unless proved." While this tenet might have raised the moral standing of the judicial system, it has also helped the criminals as proving guilt is not that easy in India. Secondly, much depends on the forcefulness with which the cases are represented.
Thanks,
Dinesh Divekar
From India, Bangalore
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The receipt of a complaint is the starting point for action in a sexual harassment case. If the complaint names specific individuals, action can be initiated now itself. But if it is a general complaint without naming anyone, then further evidence, as suggested by Dinesh Divekar Sir, could be gathered.
If the complaint has come from a female employee who feels harassed, even if it was not directed against her, it suffices to be a complaint under the Act. Even if she is not targeted, it is not to be treated as a third-party complaint requiring further corroboration and can be proceeded by the Complaints Committee.
The complaint is to be treated as the charge sheet, and the accused employees can be called to explain their acts in the matter. The committee can also consider the need for any interim action like transferring the accused employees to work areas that are not on the way to the canteen, sending a strong message.
Thereafter, depending on the response of these employees, further steps towards adducing evidence in support of the charges of sexual harassment can be considered.
From India, Mumbai
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If the complaint has come from a female employee who feels harassed, even if it was not directed against her, it suffices to be a complaint under the Act. Even if she is not targeted, it is not to be treated as a third-party complaint requiring further corroboration and can be proceeded by the Complaints Committee.
The complaint is to be treated as the charge sheet, and the accused employees can be called to explain their acts in the matter. The committee can also consider the need for any interim action like transferring the accused employees to work areas that are not on the way to the canteen, sending a strong message.
Thereafter, depending on the response of these employees, further steps towards adducing evidence in support of the charges of sexual harassment can be considered.
From India, Mumbai
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The company has to take cognizance of the complaint. Try to gather evidence about who is conducting this comment session about ladies. Talk to the ladies who go to the canteen and ask them whether they noticed or heard of any such innuendoes or comments. Discreetly watch over the area to uncover some facts, based on which an inquiry can be conducted, as laid down for sexual harassment cases. Right now, it is a third-party complaint, and the affected parties are silent or even unaware of the comments being made. However, there is no doubt that such activities are detrimental to the image of the company and the reputation of all individuals involved. Obtain evidence and take action.
From India, Pune
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From India, Pune
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Dear Mr. Divekar,
Thanks for shading light upon our systems. Your apprehension in the context is a time judged. What you or I can do in complex judiciary and policing situation? There is no alternative available rather to follow the existing system till something new and better thing is to come. There is absolutely flaw is not with judiciary rather with our social system and orthodox mind-set. Our people rather prefer to bear it than to fight for the cause.
[[ An example is set which is a true happening: Fictitious names are used
Raj, sr Design Engineer, 28 & Rina, 30(widow), House Keeping Staff under contractor. The office set-up remains closed on Saturday other than few as working day, result of which only 15% of total strength is avaible at office blocks and most of them goes to project site.
On one occasion Rina had a fall due to slip in office floor and was rescued by Raj and sent to medical for treatment as injury on head was serious. Rina remained in hospital for two weeks. After recovery from the injury Rima resumed her duty. After that incident Rima was considering Raj as her life saver and had developed weakness. In due course of time they have and had several physical meetings inside the work place as they find it lonely on weekend. But one tragedy happened on a particular day while they were intimacy noticed by the Security Officer came on check. The lady cried loudly seeing the person at door. She held Raj responsible and was forcefully keeping physical relation. Raj received sever punishment from the employer and finally Raj resigned from his job.]]
At the pretext we have to adhere the following lines for better result:
It’s easier to stop something happening in the first place than to repair the damage after it has happened. Therefore it is often said “prevention is better than cure (an ounce of prevention is worth a pound of cure)’’.
From India, Mumbai
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Thanks for shading light upon our systems. Your apprehension in the context is a time judged. What you or I can do in complex judiciary and policing situation? There is no alternative available rather to follow the existing system till something new and better thing is to come. There is absolutely flaw is not with judiciary rather with our social system and orthodox mind-set. Our people rather prefer to bear it than to fight for the cause.
[[ An example is set which is a true happening: Fictitious names are used
Raj, sr Design Engineer, 28 & Rina, 30(widow), House Keeping Staff under contractor. The office set-up remains closed on Saturday other than few as working day, result of which only 15% of total strength is avaible at office blocks and most of them goes to project site.
On one occasion Rina had a fall due to slip in office floor and was rescued by Raj and sent to medical for treatment as injury on head was serious. Rina remained in hospital for two weeks. After recovery from the injury Rima resumed her duty. After that incident Rima was considering Raj as her life saver and had developed weakness. In due course of time they have and had several physical meetings inside the work place as they find it lonely on weekend. But one tragedy happened on a particular day while they were intimacy noticed by the Security Officer came on check. The lady cried loudly seeing the person at door. She held Raj responsible and was forcefully keeping physical relation. Raj received sever punishment from the employer and finally Raj resigned from his job.]]
At the pretext we have to adhere the following lines for better result:
It’s easier to stop something happening in the first place than to repair the damage after it has happened. Therefore it is often said “prevention is better than cure (an ounce of prevention is worth a pound of cure)’’.
From India, Mumbai
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It is better to take timely action, or else the accused may get emboldened and may go further in their teasing/passing of remarks, etc. Take the lady into confidence and inquire if she will be willing to testify, as you want to put a logical end to this menace, but you need her full cooperation, including testifying before the committee set up by the company. If she can record the act before even coming to the committee, that will certainly nail the accused, but even otherwise, eyewitness accounts along with the victim's statement should suffice to proceed in this matter. Do not sit on the matter; get the issue fixed.
From India, Hyderabad
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From India, Hyderabad
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1. Thought No. One: I just pity the management. A third-party visitor tells you that your house is not in order, and until then, your officers did not smell anything? That too, happening very frequently!
2. Thought No. Two: Why always think that every such happening in that company was harassment? Perhaps light and comical non-veg jokes or some sort might be a matter of enjoyment for that ladies' group. I say so because no lady has complained.
3. My Advice: HR of that company should take immediate steps to stop such things. Whether it is a public place or a private place, no person has any right to break socially acceptable norms of dignity and good behavior, especially when one is in the company of a fairer class of society. Whether it is intentional, unintentional, or casual, whatever the reason, open taunting or under-belt comments are certainly subversive of discipline and so they have to be properly dealt with. Perhaps the reported matter may not be a matter of disciplinary action, yet it is an alarming signal for HR, and it will be a challenging task for HR to prevent the happening of such things anymore.
From India, Kolhapur
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2. Thought No. Two: Why always think that every such happening in that company was harassment? Perhaps light and comical non-veg jokes or some sort might be a matter of enjoyment for that ladies' group. I say so because no lady has complained.
3. My Advice: HR of that company should take immediate steps to stop such things. Whether it is a public place or a private place, no person has any right to break socially acceptable norms of dignity and good behavior, especially when one is in the company of a fairer class of society. Whether it is intentional, unintentional, or casual, whatever the reason, open taunting or under-belt comments are certainly subversive of discipline and so they have to be properly dealt with. Perhaps the reported matter may not be a matter of disciplinary action, yet it is an alarming signal for HR, and it will be a challenging task for HR to prevent the happening of such things anymore.
From India, Kolhapur
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Sexual harassment act.pdf
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(Fact Checked)-The user's reply contains accurate information regarding the handling of a sexual harassment complaint in the workplace. The steps outlined align with the provisions of the POSH Act, specifically in establishing the Complaints Committee and initiating an inquiry process. (1 Acknowledge point)