Dinesh Divekar
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Swati_chaubey
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Thread Started by #swati_chaubey

Dear All,

Greetings for the day !!!

I have been working as Assistant Manager-HR in a company in Delhi.I have hired a guy who was a reference by my previous company HR. After hiring, he used to talk too much with me even after my ignorance and interupted in my work any how.He used to stare at me and pass comments like irritating mind, frustrated mind, chemical locha etc to me.I ignored that was my mistake.I never complaint thinking it is his habit but i regularly said to him that please dont talk to me but he didn't listen to me.One day in offfice we had a fight and he misbehaved with me.He said you are a fool Ms.HR, Shut up, apni shakal dekh k bat krna aap like comments in front of my senior.Meeting held and i told all the story.then he started spreading rumours like i have been behind him and i used to call him in nights for movie or meeting in malls etc which is a complete lie.Infact he use dto call me in nighta saying someone has said this about you and that etc.After hearing this all i said my senior that if he will not take any action then i will not leave him and file a police case because i am not wrong even 1%.He said that investigation has been started for him.I will have to wait for 1-2 days.

I want suggestion from your side that what should i do as it is a matter of my character and i am not wrong even 1% also?

Thanks & Regards

Swati
25th October 2016 From India, Delhi
Dear Swati,

Whatever has happened with you is unfortunate. It should have not happened. However, comments given below are based on the assumption that whatever you have written is true at its face value and there is no suppression of facts from your side.

Whom you report to? Are you the only HR in your department? In the initial days, you had provided him leeway and now it has burgeoning effect on you. If you had nipped his nasty behaviour right at the beginning, situation would not have precipitated to this level. Anyway this is hindsight.

Do you have proof of his nasty behaviour? Have you done any kind of audio or video recording when he was talking to you? Because in the enquiry, you will be asked to provide evidence in support of what you say. Material evidence always corroborates one's argument.

One incident has happened in front of the senior wherein that employee had called you names. Who is this senior? Will he become your witness in the enquiry? If this incident happened in front of senior then why he did not report the incident to the authorities?

Lastly, you have written that you were not wrong even 1% also. Well, to decide rightness or wrongness of anything, one has to provide irrefutable evidence. Sans the evidence, no legal action can be taken.

Thanks,

Dinesh Divekar
25th October 2016 From India, Bangalore
Dear Ms.Swati,
The Act has identified sexual harassment as a violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution; as well as the right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment.
I have gone through your post ,in yours case first if you have sexual harassment committee in your company than you can register your complaint in written to the sexual harassment committee. This committee will inquire and insure yours case and after getting the evidence and feedback, they will conclude it.
Otherwise, you will put your compliant to the top management like CEO, Director or MD in the written form.
Hope it will help you in your case.
Thanks & Regards
Davinder Singh
25th October 2016 From India, Ludhiana
Dear Sir,

I know it was my fault that i didn't report earlier but i have that senior (who is his senior actually not mine and who reported the incident to my senior as well after his misbehave in front of him), Kavita (a lady whom i used to work with in hr) are the witness.Also call records i can take help from.One employee in front of whom he used to interfere in my work is the witness also. Apart from that i don't have any proof, neither recordings but yes definitely call records i can take from the company.Police can verify from other employees as well that how his behavior is.I have send a verification mail regarding his behavior in his previous company but i don't have proper mail id of the company.So let's see what comes back.I don't have any proof except call records and employee's genuine feedback.He used to stare at me that i know only, there are no cameras so i cant proof it also but i am not wrong i swear and that is the reason i am frustrated.I will teach him a lesson.His intention was wrong and when i didn't entertain him he is putting false allegations on me.He is saying that i used to call him and ask him for movies that i will proof from call records that i didn't.I wish Kavita in front of whom i used to have arguments with that guy speaks the truth which will help me a lot.Also he used to tell kavita that i am egoistic which can be a proof.Also the mutual person's chat who told me that he is saying like that about me is with me.

I talked to sir regarding this he told me that he is collecting proof so i should wait for 1-2 days because without proof noting is gonna be happen.

Please suggest Please so that i could teach him a lesson !!!!
26th October 2016 From India, Delhi
Swati,
Plase arrange to collect the Call Records as you said. Also kep in mind that he may dircetly or through someone else may call you to convince you to refrain from the legal proceedings. Keep the call recording option on in your mobile. If it happens, it would be solid evidence for you.
Thanks & regards
Debasish Bhattacharya
26th October 2016 From India, New Delhi
#Anonymous
Dear Friend,
I think in that case you should complain to your Management with effective evidence.If they do not take any necessary action then you should file a complain to The Police station against him. The constitution has lots of rules against sexual harassment to protect a women.
26th October 2016 From India, Noida
Dear All,
Thanks for the reply !!! I won't forgive him as he has put false allegations on my character and he is not a good guy by character and now i knew it.He used to say that i don't have manners to talk to girls Maam, i am very indiscipline in the very beginning when he came.I am just abusing myself that why didn't i ever complaint about him.But i won't let him go now so easily.I will show him how wrong he is and since now he will not be able to spread false allegations about any girl ever in his life.
I have talked to customer care and they have told me the procedure to get call records.He used to make calls on my number which has been disabled as it was my previous company's number but no issue i will get the call records from there only.Rest i am working on evidences.Hope i will get justice soon.And i will ask management as well tomorrow what step they will take or should i proceed?
27th October 2016 From India, Delhi
Dear Swati,
As per your information your company should terminate him Surely.
but he is a Mentally sick man.if organisation terminate him then in anger he will take some illegal steps.
Plz be cautious out of your organisation....
28th October 2016 From India, Delhi
Dear Sir,
It has been 5 days since my senior told me that he is gathering proof/information against him but no action has been taken since then, neither i think it will be.Kindly suggest me i should move forward or should ask my senior.I know they wont terminate him but he deserves termination only not less than that.One girl has already complaint about him to the management but no action was taken; only meeting was held that's it.i am thinking of filing a compalint in police station today without asking my senior.Only sitting arrangements as been changed, nothing else.because it is a matter of my character so i will not leave him, he should also know that spreading false allegations costs to the guilty and he is wrong not me.Else he will be motivated to do like that and he will not get a lesson.
29th October 2016 From India, Delhi
Dear Swati,

You may not file police complaint. Police authorities will ask for evidence. Above all they could interrogate you also. This could make the matter messy.

The another option is to file complaint to the labour office. Find out labour office of your area and talk to the labour officer. He/she will help you as these complaints are taken seriously. When you approach labour office, make sure that you have proof of your employment like identify card, appointment letter etc. The another important proof that you should carry is about incidents of harassment as well as your correspondence with the senior authorities.

By chance if the labour officer does not support you then you may file complaint to the office of National Commission Women (Rashtriya Mahila Aayog) of your district. They could send the letter to your company. If required, they may send their representative to your office and talk to the authorities concerned for their inaction. Depending on the gravity of the offence, they could help you to file complaint to the labour department or even police station. Again make sure that you have proper material evidence with you.

Thanks,

Dinesh Divekar
29th October 2016 From India, Bangalore
Dear Redressal -Seeker,

You may immediately submit your Written Complaint to the Presiding Officer and or any other Member of the ICC (Internal complaints Committee) with a copy to your Employer / Head of Establishment / Institution where you are employed.

As per the provisions of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed there under and gazetted on , any Woman aggrieved of any Act of Sexual Harassment can lodge her Written Complaint to the Employer and or the ICC and S H includes any Unwelcome Act, any Humiliating Treatment likely to affect the Aggrieved Woman physically and or mentally. You may go through the Provisions of the said Act and the Rules especially about maintaining secrecy / confidentiality of the Complainant and the Respondent etc and ask your Superior and Coworkers to render all reasonable assistance in the matter.

Kritarth Team Spl Educators are here to help

Kritarth Team

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1st November 2016 From India, Delhi
Hello Sir,
Greetings for the day !!!
It has been a week and no action has been taken by my senior but the boy also does not talks to me for which i am thankful.somebody told me that i should not file a complaint now.Is that okay or should i teach him a lesson as due to Diwali, the matter has been slowed up. will that be okay if i complain now or will it be negative for me ?
2nd November 2016 From India, Delhi
Dear Swati,
Please submit a complaint in 7 copies to the ICC with details of all the incidences and list of witnesses. They will initiate the enquiry in to the incidence and take appropriate steps to correct the conduct of the perpetrator.
19th November 2016 From India, Pune
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