Dinesh Divekar
Business Mentor, Consultant And Trainer
+1 Other

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Hello Guys,
I am new to this citehr.com
I want to draft warning letter against one of the staff who is mentally harassing by passing comments, teasing, & showing interest on me which is very awkward for me to face the situation. Since I am the only HR in the organization & have already approached to management & now asked to issue warning letter against him.
Please guide to issue letter draft.
Regards

From India, Thane
Dear friend,

It appears that you are female HR and the person you are referring to is male one.

Before the issue of the warning letter, it is important to give feedback in person. Warning letter should be based on the facts that emerge in the the feedback session. This is important because what if he completely denies for having done anything done like this? Do you have evidence of whatever this person has done?

Let the feedback session, be conducted by the management or any other very senior person. Keep ready at hand the instances of his misdemeanour. Tell him the office etiquette or workplace etiquette cannot be codified to the last detail. Discretion demands drawing line to avoid encroachment of the personal space. As of now disciplinary action is not initiated nevertheless, recurrence of these acts will lead initiation of severe disciplinary action under the provisions of sexual harassment act.

Essence of feedback lies in maintaining the motivation level of the employee also. We are not here to pulverise him. He should not get incensed further because of criticism. Therefore, please note that negative criticism has no place in the feedback session. Tell him that for a healthy workplace culture, following workplace etiquette are utmost important. It is this healthy workplace maintains the motivation of all the employees and it in turn satisfies our customers.

Lastly the feedback session should always end with the obtaining agreement from the other side. He should summarise for whatever he has done, agreement for not doing it in future. He should maintain reasonable distance from you.

If the employee is accedes to his wrong doing then no need to issue the warning letter. A simple letter summarising what has been discussed is sufficient. But then this documentation is very important.

If the employee is intransigent or implacable then tell him that you will be forced to make official complaint under the provisions of sexual harassment. The recently made law on sexual harassment is far stringent and he will have to face dire consequence. However, thereafter you need to be doubly cautious from this person.

Thanks,

Dinesh Divekar

From India, Bangalore
Thanks for your reply sir,
Since I have the evidence of CCTV footage. The accused won't understand the situation of feedback session. Hence want to draft a strong warning letter against him so that in future if he repeats the same management will say to get lost from the organisation.
Please help
Regards

From India, Thane
Dear friend,

If you have CCTV footage and if you are strict about wrong doing of then first you need to put up application to the authorities concerned about what has happened. On the strength of this application, your management needs to issue the show cause notice to the accused. If the accused admits the guilt then let him submit apology letter. On the strength of this apology letter, warning letter may be issued. If the accused employee remains adamant and refuses to accept the guilt then order the domestic enquiry under the provisions of sexual harassment act. Please note that this is not a routine enquiry. Composition of the enquiry committee is different in these cases.

I recommend you preparing draft of show cause notice on your own and upload it here. Some senior like me will correct it further. In the show cause notice, you may include what has happened, when it happened, where it happened, how many times it has happened, who were the parties involved in the incident, what was the impact of the behaviour etc.

Thanks,

Dinesh Divekar

From India, Bangalore
Thank You Sir,
Now I got the exact point. I ll definitely ask him in return application that he won't repeat the same.
I will try to mail you the warning letter draft,,for approval.
Thank you, your comments really helped me a lot.
Regards

From India, Thane
Deaer friend,
Have you given warning to the stalker in your personal capacity? If he has disregarded your warnings then you may put even formal application for sexual harassment. However, in the enquiry if his misconduct is established then it will be considered as severe offence. Punishment apart, it could destroy his career too.
Thanks,
Dinesh Divekar

From India, Bangalore
This seems to be a case of sexual harassment. You can file a formal complaint with the Company and it shall be taken up by the Internal Committee as per the process of Law.
If you need any guidance in the matter, please feel free to connect.
Thanks & Regards,
Avika Kapoor

From India, New Delhi
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