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Kashiv Rajeev
Senior Resedential Expert Teacher In Extramarks
Naina Kapur
Advocate And Equality Consultant
Hr Manager
+4 Others

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Hello Seniors,
today first time I have faced this issue. It is related with the misbehavior of one male employee with one ladies.Also some ladies complaints about teasing & commenting of male employees. Now, how should I find out the person ? & how can I take the action ?
plz suggest any provision by which no one will dare to do such things.
& also share your experience related to such kind of matter.

Show cause notice may be issued against the alleged male employee based on the verbal complaints received from the affected female employee (s). If the explanation adduced by the accused is not satisfactory, further disciplinary proceedings may be initiated against him under sexual harrassment case.


Two issues. First one lady and one employee. The other issue is some ladies discussing misbehaviour of a few male employees.

You have come to know of these two issues and have no concrete complaints, facts, names or other details of issues in either case.

Under these conditions, it is impossible to initiate any concrete steps. You may at best, put up a notice or send out a circular informing all staff of what you have know (without of course disclosing identities, even you know the identities) and request people to desist from such behaviour and to discourage whenever they experience it. They should be requested to also formally report such occurances (albeit in confidence) so that further options may be considered.

But formally, if no one registers a FIR (First Information Report, popularly known as a "complaint"), even the police will be helpless. It (Police) then can take cognizance only of what happens in their presence!

For enforcement of discipline the "affected" ones have to seek help. If they do not, then how can anyone help them? You may grant them annonynity for some time but it comes to proving an allegation, they will have come forward to depose!

Your concern is genuine and extremely laudable, but in these matters if the affected do not approach, scope for desirable and necessary actions will be limited for you!

You have to build bridges with your staff so that they CONFIDE in you and you must build own credibility to that people look up to you as a source of help! Especially this aspect of HR jobs is delicate and not power or popularity oriented.

If you need to ask specific questions, come up with relavant details ans we may be able to help you.



August 24, 2011


Hello Sanika,
samvedan has suggested a nice way to handle the situation.
Without any proof [which is obviously tough to get in such cases] or a formal complaint from the lady concerned, you could put yourself & the HR dept into trouble. Assuming you take this matter up with the male concerned--even if informally--can you be sure that the lady will back you when the male pleads innocence/ignorance[which in all probability is what will happen]? I am not so sure she will.
As the First step, you could go for samvedan's suggestion of a Notice citing general feedback & also include/indicate grave consequences for those indulging in such acts. You could calibrate your further responses depending on the effect of this Notice.

hi all
How to calculate overtime of worker under Factory Act. i am confused that either 30 days or 31 days are considered in calculation of overtime.Ps guide me about this matter.
Thanks .
kamal Negi

Deatr team, would like to add that recently Supreme Court had provided guidelines on POSH, prevention of sexual harrassment, in offices. Every employer has to form a committee consisting of male and female employees and to comply with POSH. I will try to trace the guidelines. The senior members are also requested to provide the same if they come accross. Understand parliament itself have given its consent on Supreme court guidelines as if it is a bill. Regards/SVS RAO
Dear Sanika,
I agree with Samvedan.
In the absence of complainant and the accused you can not take any concrete action. Whom you are going to listen and against whom you will take action, if you do not have proper verbal/written complaint.
But matter being very serious in nature and under no circumstances should be ignored, you should issue a general circular that "you have come to know about such incidents happening in the organization and very strict action will be taken against those who are indulging into such activities."
You should also issue a circular only for female employees to make a complaint in case they face ant type of sexual harassment which includes teasing & improper comments from their male colleagues.
It also seems that your organization is not having a defined policy on sexual harassment.


Thank- you for posting such a common and relevant concern which I have experience with a number of organisations. SVS Rao is quite correct in his/her reference to the Supreme Court Directions. This is the case of Vishaka & Ors. v State of Rajasthan (you can easily find this judgement on line through a google search). Let me just share with you that I was lead instructing counsel in that matter and brought the PIL before the Supreme Court to establish a law on prevention of SH. The directions are "binding in law" until such time as there is legislation. What this means is that ALL organisations/companies etc. public and private are mandated to comply. Unfortunately most don't but this position is rapidly changing.

In this context, your concern can be addresses as under-

i. is their a policy on Prevention of SH in your organisation? Kindly refer to it
ii. has a committee been established in your organisation in compliance with Vishaka (this is mandatory) i.e. 50% women, a woman chairperson, and third party expert on the issue.
iii. Vishaka emphasizes preventive measure through which workplaces are required to raise the issue and give it visibility. In other words, you have a right to call a meeting of your workplace to raise/discuss the issue.
v. both issues you refer to fall squarely within prohibited behaviour within the definition of sexual harassment- verbal/non-verbal inappropriate conduct.

I hope one or more of these suggestions are of help to you. It is important to act promptly in these matters. In any event, you must call upon your organisation to comply with Vishaka The absence of such compliance will make the organisation liable to legal action.

Naina Kapur

Dear Naina kapur,
Nice to know that you were lead instructing counsel in case of Vishaka & Ors. V State of Rajasthan.
The Hon'ble Supreme court gave a landmark judgment in this case and also a very clear guidelines to be followed by the private employers to prevent sexual harassment at workplace. Even the court asked private employers to include the mentioned prohibitions in the standing orders under the Industrial Employment (Standing Orders) of the organization.
But what I have seen in most of the cases Employers receive anonymous complaints and in such a circumstances they are simply helpless to follow the guidelines and action to be taken as mentioned in the judgment.
A very important part of this judgment was assigning the responsibility to private employers to promote an awareness among its female employees by notifying the guidelines and acts on sexual harassment in a suitable manner.

reg. the misbehavior the same is applicable but for misbehaviour co. can terminate the employee without any notice but on the request of employees and person’s complaint.

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