I am working as an HR professional. In our suggestion box, I received more complaints regarding sexual harassment by a particular employee. The letter is unnamed, and the employee ID is not mentioned in the letter. Is this letter enough to legally terminate that employee?
Kindly guide me with the legal steps to take action.
From India, Chennai
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Kindly guide me with the legal steps to take action.
From India, Chennai
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Dear Arunraj,
Do not act in haste over matters pertaining to POSHAW! You need to carefully examine what is written in the complaints. If it narrates a particular incident that happened, you may take it as a formal complaint and let the IC investigate the matter. However, if the complaints are only naming one person, you may want to keep a strict eye on that person. A complaint without an incident cannot be accepted as a complaint.
Regards,
Rahul
From India, Delhi
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157Do not act in haste over matters pertaining to POSHAW! You need to carefully examine what is written in the complaints. If it narrates a particular incident that happened, you may take it as a formal complaint and let the IC investigate the matter. However, if the complaints are only naming one person, you may want to keep a strict eye on that person. A complaint without an incident cannot be accepted as a complaint.
Regards,
Rahul
From India, Delhi
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We are receiving too many complaints frequently about one particular employee (who is also one of the top members of management), but we don't have video proof. So, we have given a printout (employee ID and name not mentioned) to all employees to document their issues and the enhancements they need. Most of the completed printouts contain the same complaint against that person.
We can consider terminating that employee with this proof (printout). What is the legal procedure?
From India, Chennai
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We can consider terminating that employee with this proof (printout). What is the legal procedure?
From India, Chennai
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First and foremost, you need to have an Internal Committee in your organization. Hand over this issue to the IC and let them investigate; however, a major part of any complaint is an "incident"!
Regards,
Rahul Chhabra
From India, Delhi
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Regards,
Rahul Chhabra
From India, Delhi
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Handling Sexual Harassment Complaints in the Workplace
Any complaints, allegations, or reports of sexual harassment of women in the workplace must be dealt with as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the service rules or standing orders applicable to the respondent (employee against whom the allegation is leveled). This is because sexual harassment is considered an act of misconduct by employers or heads of institutions. Disciplinary action steps should be followed, such as issuing a show cause notice or letter, seeking and securing the written explanation of the accused in their defense, and then forwarding all related documents to the internal committee of the establishment.
Constituting an Internal Committee
Every employer or establishment that employs ten or more workers or persons on muster rolls must constitute an internal committee. In establishments without an internal committee constituted, the sexual harassment complaint must be forwarded to the local committee notified under Section 5.
Kritarth Team, 8.3.19, Bluru Office
From India, Delhi
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Any complaints, allegations, or reports of sexual harassment of women in the workplace must be dealt with as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the service rules or standing orders applicable to the respondent (employee against whom the allegation is leveled). This is because sexual harassment is considered an act of misconduct by employers or heads of institutions. Disciplinary action steps should be followed, such as issuing a show cause notice or letter, seeking and securing the written explanation of the accused in their defense, and then forwarding all related documents to the internal committee of the establishment.
Constituting an Internal Committee
Every employer or establishment that employs ten or more workers or persons on muster rolls must constitute an internal committee. In establishments without an internal committee constituted, the sexual harassment complaint must be forwarded to the local committee notified under Section 5.
Kritarth Team, 8.3.19, Bluru Office
From India, Delhi
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Dear colleague,
You cannot proceed further unless the complaint giving full facts like the date, time, place of the incident, and the nature of the sexual harassment is received from the complainant. It is futile to take any view at this stage when facts are unknown.
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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You cannot proceed further unless the complaint giving full facts like the date, time, place of the incident, and the nature of the sexual harassment is received from the complainant. It is futile to take any view at this stage when facts are unknown.
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Handling Anonymous Complaints of Sexual Harassment
The mere receipt of complaints against an individual on a regular basis is indeed a matter of concern. According to you, all the complaints are anonymous, which cannot be taken as proof or evidence for initiating disciplinary action under POSH. The duty of the HR department is to bring this information to the notice of the MD/CEO/ICC of your establishment and seek their advice.
In the meantime, the Head of HR should call the employee in person to meet and inform them about the complaints received against their name. Provide copies of the complaints to the employee to submit their views on the topic. You need to conduct a secret inquiry at your level to ascertain the facts, figures, and truthfulness of those complaints. If the name of the victimized employee is known, call them to your office for a discussion.
Steps for Initiating Action
Action can only be initiated against the employee after you have sufficient clues, proof, and information on misconduct under SH at the workplace. You can terminate the employee after conducting an inquiry, but the complainant should come forward because her testimony will be crucial for action. To create awareness and build confidence, you can issue a circular stating that management is serious about taking extreme action against the culprit while maintaining the identity of the complainant, and names shall be kept secret.
From India, Mumbai
Acknowledge(0)Amend(0)
The mere receipt of complaints against an individual on a regular basis is indeed a matter of concern. According to you, all the complaints are anonymous, which cannot be taken as proof or evidence for initiating disciplinary action under POSH. The duty of the HR department is to bring this information to the notice of the MD/CEO/ICC of your establishment and seek their advice.
In the meantime, the Head of HR should call the employee in person to meet and inform them about the complaints received against their name. Provide copies of the complaints to the employee to submit their views on the topic. You need to conduct a secret inquiry at your level to ascertain the facts, figures, and truthfulness of those complaints. If the name of the victimized employee is known, call them to your office for a discussion.
Steps for Initiating Action
Action can only be initiated against the employee after you have sufficient clues, proof, and information on misconduct under SH at the workplace. You can terminate the employee after conducting an inquiry, but the complainant should come forward because her testimony will be crucial for action. To create awareness and build confidence, you can issue a circular stating that management is serious about taking extreme action against the culprit while maintaining the identity of the complainant, and names shall be kept secret.
From India, Mumbai
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The general principle is that no action could be initiated against a person based on anonymous or pseudonymous complaint.
From India, Kochi
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From India, Kochi
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Steps for enquiry in sexual harassment.pdf
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