Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
Riteshmaity
Labour Law Advocate
Dmc123
Legal Consultancy
Mnj.tiwari
Service
+3 Others

Thread Started by #venkybalaji03

We had a female labour who got operated 3 yrs back and was advised light duty.she is wroking in our factory since 15 yra. As advised we gave her light duty of pantry. There she started maintaining sexual relationship with couple of our employees. As a result i had to show her the door. now she is harassing me every now and then by coming to factory along with some local politicians and CPI union leader and general secretary ect of our industrial area. Now they are also planning to do dharna. Please suggest how to tackle the situation.
31st May 2016 From India, Bangalore
You showed her door as she maintained sexual relationship couple of your employees.
1. Does her involving in sexual relationship violate the standing order?
2. Does such act fall under the professional misconduct?
3. Did you also remove those other employees with whom she had sexual relationship?
4. Did you conduct any domestic enquiry before terminating her service?
If not, then such termination is bad in law and illegal. She can easily challenge such termination and win the case and you will be liable to reinstate her and pay all backwages. And from her attitude as narrated by you, I am very sure with the help of the union she will raise an industrial dispute soon.
Check my blog at www.labourlawhub.com
31st May 2016 From India, Kolkata
Was the higher management fully in the loop before termination?
Discuss with them the course of action.
What learned member above has written is valid and if things have not been complied with procedurally for termination,then you could face problems,including having reinstate the concerned lady.
What was the documented evidence of sexual misconduct?
Was it in work spot or during working hours or outside premises?
Her alleged misconduct may not be misconduct in legal terms if the acts were outside working hours and outside the working premises.
Review the whole matter in all angles,discuss with your top brass and decide on course of action.
31st May 2016 From India, Pune
Termination without domestic enquiry is illegal. It is her choice with whom she can have relations. Did her relationship cause any harm to company & if yes can it be labelled as misconduct? If yes, was any enquiry was conducted. Before you land in further complications please settle the matter & try to seek her resignation if you do not want her to work for your org. Or take her back on job. If matter is escalated to authorities your company will be in serious trouble. She may lodge complaint of sexual harassment, though false. What will you do then. Be careful while dealing with female employees.
1st June 2016 From India, Mumbai
Before asking for suggestion how to tackle the situation, you could have mentioned in detail the formal adminstrative process you adopted to show her door.
2nd June 2016 From India, Delhi
The information made available is incomplete. What do you mean by sexual relationship? Did this alleged sexual relationship involve sexual contacts within the workplace? If so, what is the backdoor process adopted to remove her? What is the action you had taken against other person(s) involved?
2nd June 2016 From India, Kochi
Dear sir,
Now, I suppose you have already terminated her without conducting any domestic enquiry. Have you issued any written termination letter? This has to be examined to see the reasons cited by you for her termination. You can seek injunction from labour court for restraining the dharna from being violent and for the protection of personnel and property. You can give a letter to the POlice asking for protection. If she approaches the Labour Court, you can take the plea that you will justify action by leading evidence before the court.
3rd June 2016 From India, Pune
Dmc123,
These actions are only to save ourselves from legal action-justification.
The primary point here is did company follow proper procedure for termination?
Was the Sexual misconduct in office or outside office and office working hours?
Company is not a judge to someone's personal morality in my mind.
Her actions which lead to problems in office are the ones which matter.
Besides in this query-original querist is silent and we are discussing the matter and full inputs are lacking.In case original querist does not contribute further,I think thread should be closed.
3rd June 2016 From India, Pune
Dear Venkibalaji,
Since your post leaves everything else happened in between the alleged misconduct described in very vague terms and the punitive termination to the readers' imagination, one has only to presume that the political and trade union support given to the issue is because of your hasty decision without following the legal formalities. If the alleged amorous affairs within the place and course of employment are true, certainly it would be a misconduct whether mentioned so in the Standing Orders or not. But, you ought to have proceeded against all involved in it and not the women employee alone. Whatever the reasons for the procedural lapses are, it is better to settle the issue amicably by negotiating for a monetary settlement.
6th June 2016 From India, Salem
Dear Mr. Venkybalaji03,
Though you haven't mentioned clearly as how you came to know this misconduct, enquiries take place, what are the findings and suggestive action for punishment. But one can understand it through her/ his personal exposure to the industry and human resource practices. It seems there are deviation in line with the natural justice process and the decision is being taken into hurry, which creates all nuances which you have shared in your post.
10th June 2016 From India, Gurgaon
For the last 12 days, the author is keeping silence and is not responding to any query. So, by now he has got plenty of feedbacks, but failed to remove doubts of any of the responding members. That clearly smacks as if he posted some fake or academic query to get solution for his academic excercise.
12th June 2016 From India, Delhi
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