Manager-legal & Finance
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Inhouse Counsel
Pvt Co Employee
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Hi,my brother is working in a ltd co in india. Nature of his job is white collar (office based only). His colleague (lady) who worked closely with him for the past 2.5 yrs had given complaint on him at HR stating that he is abused, then the committee came and concluded the matter as it comes under sexual harassment and immediately asked my bro to go on leave. This happened almost 2 months back. Since then no written or oral communication on action taken against him.
Meanwhile co\' declared annual increments to all their employees but my bro did not get single rupee hike. Even he sends mail to HR about his employment status , there is no revert. He is angst on whether they will terminate his 4+ yrs of excellent services with the same org.
Kindly advice on this issue what would be the action by the co? and what we have to do ?

From India, Hyderabad
Hi Ravigv_2k4 !
Owing to grave sensitivity of the matter, I would recommend you to approach a practising lawyer asap. As an initial advice- the organization may be buying time to ease off steam as irrespective of whether such instance happened or not, but once it comes into limelight it will bring disrepute to the company and they will be hit hard.
Approach a good practicing lawyer immediately and chalk out the way out of this immediately instead of waiting for some other advise. The career of your brother is at grave risk.

From India, Gurgaon
As per the Act Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Internal Complaints Committee has the power to ask the respondent ( on whom the complaint is filed) to proceed on leave. However, the enquiry has to be completed within 90 days of the complaint and the enquiry report should be provided to both the complainant and the respondent.
Before initiating the enquiry, if the complaint request for a conciliation, the Committee should provide an opportunity for conciliation of the matter and record the settlement.
As advised by the fellow members, the matter may be sensitive and if you are innocent, you will have an opportunity to prove your self. Approach the Management for resolution of the matter rather than a deadlock.

From India, Mumbai
Thank you Mr.Vasudevan for your reply.
When asked more about on this, my brother is telling that the language he used is most common in their area but the same is having different meaning in their area (complainant) of location. Hence the lady felt himiliation and made complaint.
Before asking him to go on leave, the committee had taken witness report whether he used such a word and proved also. The statements of both the parties were recorded.
To mention that the complainant has got annual increment also along with other employees and the commiittee had not given an apportunity for conciliation at all.
Hence please suggest how to start approaching mgmt.

From India, Hyderabad
According to this the enquiry is concluded and hence the committee has to provide a copy its report and action proposed. In this given case, a warning would suffice and no serious action may be done. The person may approach the HR team personally to resolve the matter.
From India, Mumbai
Since, the company has stopped the increment of the employee,it is clear that action has been taken.The employee has to discuss the matter with HR as to why he has not been communicated the decision of the management in this case, or else he may ask for in writing.
From India, Bokaro
in spite of repeated calls and mails from our side, HR is not responding but my brother has got full salary for this month also (second month)
He is upset terrible for the way co' is behaving and don't know whether employment is alive or will be terminated. What to tell if a new employer asks about acceptance of resignation letter or relieving letter.
We do not know how to proceed further on this ;where as his line manager is completely out of action to seek his support at least.
Please help on this serious concern.

From India, Hyderabad
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