Mahr
Head - Human Resources
Aa_somani
Accounts & Finance
Yatin Pundhir
Industrial Relation
Fabcityhr
Hr & Ir
Ajayks09
Sr Associate Hr/ir
Ajay Vashisht
Labour Laws&industerial Relation
Eme3004
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Adesh5
Taxation: Sales Tax, Vat, Cst
Siddynair
H R (editorial) Manager
Pinki Gupta
Hr Professional
Vikashr
Student
KIRU93200
Hr, Sales &mkt
+13 Others

Thread Started by #pinki gupta

Hi
I face a problem in a company. Please reply me how to solve.
We hire a new female employee in our company. She complained me that she is sexually harassed by one of the senior who is working with company from last 10 years.Now what i need to do.
Waiting for reply
20th May 2010 From India, New Delhi
Hi One of the interview askes me this question in the interview. so i want to know answer of this question.
20th May 2010 From India, New Delhi
File is attached herwith all details are in the attached file.
20th May 2010 From India, Pune

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File Type: pdf Sexual Harassment.pdf (69.2 KB, 4442 views)

Dear Pinki,
Do take the issue to the management and ask for a prospective reply. Ask the person who had been involved to give a written explanation to the situation. Ask that female employee to state to the management that if the issue has not been given a correct solution then it may be escalated legally.
The management would definitely do so as the reputation of the organization would be on stake. The immediate thing is that to dismiss the person who was involved with immediate effect. Prior to that you have to get a written statement stating a reason for his act.
20th May 2010 From India, Bangalore
Dear Pinki,
Kindly verify the records of the female employee and also check the track record of the senior person since you have stated that the person is having 10 years of experience .Later the management can take decision.It should be dealt with silkenhands.
Dr.Muralikrishna
09952923392
20th May 2010 From India, Mumbai
Hi,
You need to check the credibility of both the employees.
Make domestic enquiry about the issue, but closely such that it should not pass negative waves. Make sure that in the earlier records whether Top management took any actions in such cases, if any. If not, check the policies of the organisation / take the same to the Top management desk.
If any of the party is accused, take action.
Regards
20th May 2010 From India, Madras
Ascertain the truth of the allegations of the female employee.If they are true, the senior employee has to be admonished and should be asked to correct his behaviour.It should be ensured that such instances are not repeated. Otherwise the image of your firm is likely to suffer among your customers and prospective employees.If such behaviour persists, the offending employee should be punished according to your company's conduct rules. If the allegations are frivolous, then suitable action should also be taken against the female employee.
C.H.Mahadevan
21st May 2010 From India, Hyderabad
1st of all you have to be the mediator of your senior worker and the female employee.Then you have to look after the truthness of the problem.If you see that the senior worker has done the wrong then punish him without harrasing him bcoz he is working in your company for a continuous period of 10 yrs.If this is the first time warn him.If you see that the lady is not telling the truth then strictly warn her and inform her that if further alligations against the senior worker arose by her, then she will be suspended from the work.
21st May 2010 From India, Calcutta
Pinki
Constitute a committee with senior lady employee as a member. Other three members are to be drawn from senior cadre since the complaint is against senior manager.
Ask the committee to investigate and submit report within 48 hours.
Take action based on the enquiry report. If found guilty, the senior manager shall be terminated and if the complaint is found to be false then the complainent need to be warned.
Hara Gopal
Head-HR
Solar Semiconductor Private Limited
Hyderabad
21st May 2010 From India, Hyderabad
This matter is critical because if the senior is on mistake then it is a loss for company so arrange a committee that will hear both of them an don consequences make the decision and remember that rule is rule.If He is at mistake then give him a penalty.
<link no longer exists - removed>
Water Damage Glendale
Fire Restoration North Hollywood
21st May 2010 From Pakistan
hi
look into the eyes of both of them, when you call them together, changes will be seen on the face ,give the tight slap on the culprit. age and experience never matter in such type of cases, it will flare up, if not control now and teach lesson one of them.silence speak more, so take decision with cool mind.
21st May 2010 From India, Ludhiana
since we had faced these kind of situation we found the policies do not help for these kind of situation,
we conducted some in-direct training classes to the employees and solved these issues.
problems are same but people and the place differ..
so acting according to them and doing things without hurting anyone will make sense..
being a HR at the end we would like to have a smooth operation.
Regards
KIRU
21st May 2010 From India, Mumbai
A domestic enquiry should be conducted constituting a presenting and a presiding officer, and a senior level female employee.
show cause notice should be given to that employee asking for explanation
Regards
vikas
21st May 2010 From India, Gurgaon
hi,
go into the truthful facts by calling both employees and cross checks from other employess of the firm. Also check out character of complaining employee because the accused employee is serving from 10 yrs. His character is well known to everyone in the firm. also keep a close watch on the issue but don't let both the employees know anything. keep the management informed about activiities of both employees.
21st May 2010 From India, Jaipur
Hi, The problem is not extra ordinary just need to tackle with due procedures and taking top managemnt in consultation becoz this is a senior person. P K MISHRA
22nd May 2010 From India
There is a provision laid down by the Hon'ble Supreme Court in Vishakha vs Government of Rajasthan case. these guidelines are binding on all. Please go through it and take action action accordingly.
22nd May 2010 From India, Lucknow
The legal requirement is that you should report all cases of sexual harassment without delay. Of course this does a lot of damage for your organization. Hence the best thing would be to call the person and work towards a satisfactory solution. When I say satisfactory, it means a solution where the victim feels that her issues have been taken care of. Sexual harassment cases are never what it seems to be. They are usually highly charged with emotions and these emotional issues need to be addressed.
22nd May 2010 From India, Bangalore
Hi friends,
The Supreme Court of India in Vishaka case laid down guidelines to deal with such matters and has made it mandatory for the employer and other responsible persons in work places and other institutions to take action against sexual harassment. According to the Hon’ble Court:
“It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.”
Here is a compilation of different judgements, including the famous Vishaka and others V. State of Rajasthan and others [reported in AIR 1997 Supreme Court 3011], and code of conduct at work place, brought out by the National Commission for Women to deal with such matters.
Adesh Kumar
22nd May 2010 From India, Calcutta

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File Type: pdf Visaka_Vs_Rajasthan_1997.pdf (95.1 KB, 156 views)

sexual harassment case solution
one solution to this problem could be:
  1. to have good orientation and employees induction to the company to improve good interpersonal relationship] this is because if the had been good interpersonal relationship among the concern employees, such things will be minimized
  2. there should be good rules and regulations regarding the consequences regarding any kind of harassment in the company, i.e., service rule book should reflect such consequences
  3. indirectly initiates some seminar or other activities and remind your employees about the consequences of Sexual Harassment rather then telling them directly
  4. Motivate the victim, assure her and that this things will away soon and tell her that you are going to talk with him.,,,,,,,,(Thank)

22nd May 2010 From Bhutan
hi
this matter is sensitive to the company and both the employees. therefore know the facts from both.thie rbackground, thier history,and any such incidence in the company.
take a complaint from the employee( so many times the female employee will tell orally, but when it comes to putting it in writing, the version changes.
take an explanation from the employee also.
try to sort out between you three, otherwise the course will be as per the discipplinary rules of the company.
as somebody suggested, tha matter should be handled with silken hands
nagaraj

22nd May 2010 From India, Bangalore
Hi Pinky,
My best advice that you should ask her give compliant to Human right commission.
why i am telling you that, Because he is senior and had ten year service.If you approach to management they cannot take any action on that.it is eye wash.
better you do what above said.
Regards,
Santy
22nd May 2010 From India, Bangalore
hi Pinki,
You should have a one on one conversation with the lady as well as the senior employee. meanwhile check their previous records and references, Check with the team members who are working along with them. Collect the facts together and make a case of the allegation. Take it on writing from the lady and the team members and ask them the sign the case study.
In case the allegations are true , then you should have a meeting (known as enquiry) with this senior employee and a team comprising of HR Head, Top most executive who should be neutral from both sides. The discussion should be based only on facts and once the allegations are proved true, you can ask the senior employee to sign his conduct. Once this done you can terminate the employee.
if it is otherwise, (i.e the lady has given the false allegation) then again you can take the similiar steps and terminate the lady.
Hope this clarifies.
Regards,
Gayatri
22nd May 2010 From India, Madras
hi dear, first of all if you r really working in industry than handle it very carefully.
you should go through the records of seniour person and collect more information from other employee about his behaviour . before taking any action you should got written explanation from female employee than discuss abt whole with top Personnel or HR . you should set up domestic enquiry and according to result you should take proper disciplinery action...............according to the standing order of urs company.......................
22nd May 2010 From India
Hi Pinki,
Since the matter is sensitive coz a senior person is involved with this issue, so first u take a written statement from the lady employee then ask the male employee as to why not action should be initiated against him and take his statement also,pls set a enquiry on it , if the senior person is found guilty, immediately take hard disciplinary action against him or suspension pending enquiry. If the lady employee's statement is false then also take suitable action against her, but don't get it materlised.
Ajay
24th January 2013 From India, Jamshedpur
Any unwanted or unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individualís employment, causes unreasonable interference with an individualís work performance or creates an intimidating, hostile or offensive work environment.
24th January 2013 From India, New Delhi
Dear Pinki,
This type of problem is prevailing more and less many organisation but some of problems comes out and many are hidden.As you described here that in your organisation this problem is existing. To prevent this situation you should come forward to explain the fact before the top management with the help of other senior female employees. Recently in Indian gazette a bill comprising of it has been passed. So come forward to stop this type of evil behavior from our working society.
9th May 2013 From India, Jamshedpur
Sexual harassment complaints must be dealt with utmost care and concern. Under the revised law, if the lady opts to lodge a complaint with the police arrests are imminent bringing disrepute to the organisation you work for. As an HR professional what you must do is to set up a Internal Complaints Committee under new Sexual Harassment Act 2013 (under the Vishaka guidelines) which should have at least four members, half of which should be women. One of the women members should be from outside (ideally somebody who works in an NGO or for women's rights etc). Every organisation needs to have such a Committee all the time. Women can approach the Internal Complaints Committee directly, and if, by chance, the complaint has come to the HR, it is recommended that you route it to the Committee. The Committee depending on the seriousness of the charges/allegations will make appropriate and collective decision.

This is what law mandates, and I am sure, this will also aid the HR professionals in such unpleasant situations, particularly when senior people are involved in the allegations.

9810275244
11th February 2014 From India
Hi,
I agree with almost all of the responses. But in practice if the incident has not been witnessed by anyone, then it becomes a case of ones word against the other. Obviously one of them is lying and is doing it well. But how do you decide who is lying? Who do you take action against?
Eme
7th September 2016 From India, Mumbai
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