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Ritesh Nair
Dear All,
In case a employee is found guilty. What is the action the company can take ? What is the action that needs to be taken as per law ? Can the management give a warning to the employee without going for any actions like suspension or termination.
Regards,
Ritesh

From India, Mumbai
kmahan
Hi Ritesh,
The company needs to have a sexual harassment committee in place. The case needs to be solved within 5 days. Also, the committee should investigate and hand over the recommendations to an appointed committee head, which is preferably not from the company to bring in more neutrality. Most companies have sexual harassment policies in place. It is not necessary to terminate the employee, this would depend on the severity of the act. Depend on that the commitee investiagtes and decides.
Regards,
Krishma

From India, Mumbai
rajanassociates
50

Dear All
Please read the Visaka case Judgement.Even recently Bombay High Court in the matter of Arati Durgaram Gavandi vs (1) Managing Director, Tata Metaliks Limited, Sindhudurg; (2) S. C. Gupta, Director, Usha Ispat Limited, Sindhudurg; (3) Nijam Uddin Kamran, Deputy General Manager, Usha Ispat Limited, Sindhudurg; (4) Maharashtra State Commission For Women, Mumbai; (5) State of Maharashtra has held, every employer in the territory of India is bound to abide by the judgment of SC norms laid down in Vishaka's case (1997 INDLAW SC 2304) which is law u/art. 141 of Constitution - where SC directed employer to enquire into the complaint.
With Regards
V.Sounder Rajan

E-mail : ,

From India, Bangalore
malikjs
167

dear sir
i agree that there should be sexual harrasment committee which will investigaty the matterand if it fdound that there is a case of sexual harrasment than disciplinary action will be taken against individual,like charge sheet ,domestic enquiry etc and it is serious offence ,if found guilty services should be terminated.
tks
j s malik

From India, Delhi
romanov
Hi All,
What does the Indian Labour Law say about the harrasser? Depending on the severity of the act, and if the person is found guilty, can s/he be dismissed from service?
Moreover where can I find a lndian labour laws on the web?
Thanks

From Thailand, Nonthaburi
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