Rajanassociates
Legal Counsel
Kalyan R
Head - Corporate Industrial Relations
Kamraajay
Doctor

Dear Seniors,
Can somebody through light on what disciplinary actions can be taken on male employees who harass female employees.
What are the possible actions that can be taken against a male employee who harasses a female employee emotionally and what if the harassment is physical.
What is the best way of approach for a female emp to complaint against such co-workers. Will they have to provide proof?

From India, Madras
Dear
The Supreme Court in the Visakha case has directed organisations to frame guidelines for initiating action for Sexual harassment quo the work place. Pls check out whether there is one in your organisation .If the answer is yes, one should go through that process otherwise the general process of disciplinary action. If it is outside the work place the Criminal Law can also be set in motion.
with kind regards,
V.Sounder Rajan
Chennai 600 001.
Off : 044-42620864, 044-65874684
,

From India, Bangalore
Hi
The recently certified Standing Orders have specific clause pertaining to sexual harassment. Now it has become mandatory for the certifying authorities to incorporate this clause. If you do not have a certified standing orders for your company, you can get it certified with specific clause for sexual harassment. Even IT companies, which fall under Shops and Establishment Act can have their standing orders certified by the Joint Commissioner of Labour. As you are in Chennai you can do it by filing the draft Standing Orders in triplicate before the Joint Commissioner of Labour (Chennai), DMS Compound, Teynampet, Chennai.
If you need any clarifications, further, do revert to me.
Thanks & Regards
Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division
Chennai - 600 058.
Mobile: 9840942232

From India, Madras
1.as per supreme court directions in vishaka case each orgn. has to have rules fr preventiontion of sexual harassment aat work place.

2.it is mandatory fr the orgns to hv such provision in their standing orders as well as conduct discipline and appeal rules.

3.each orgn has to have a committe ,headed by a female and with an outside member(NGO) to attend to such complaints.

4. fr details u can refer to wepsite of Deptt. of Personnel and training of Govt. of India.



5. Practcally speaking despite all the rules in place very few females hv th courage to complain against it because of fear and social stigma attached.

6. but its high time that women hv been suffering in silence.

7,first educate yourself on the relevant rules. check about the provisions in this regard in yr rules.

8. check informally if the person has been behaving so with others also,dat will give u support.

9.try the informal procedure first if that does not work then go for a formal complaint wirth the committe.Mind u when coplaining against any sr. things will be really tough and u will really hv to substatiate/proove ur case OR

10. if u want to take the easy and escapist route ask fr a transfer ot resign if things get intolerable.

all the best


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