Business Mentor, Consultant And Trainer
Soical Compliance Auditing
Asst.commissioner Of Labour..a.p.
Korgaonkar K A
PRABHAT RANJAN MOHANTY
Hr & Ir
What is happening at your company is horrible. Any woman, whether employed as regular employee or as casual, temporary, outsourced employee has right to live with dignity. If the salacious comments are passed against any woman employee, then it merits investigation.
Before giving solution to your challenge, please confirm what you mean by "third party complaint".
Now coming to solution. Yes, the matter falls within the purview of POSH and now a days it is not ICC but just IC (Internal Committee). You may call the complainant to your office and tell her to generate material evidence. For this, she may sit reasonably close to the employee and record the conversation. Most of the Android phones have built-in apps to record and Apps can be downloaded also. However, tell the woman employee to check what could be the maximum time duration to which recording can take place. If the comment has sexual undertone, then tell the woman employee to confront passing sexual innuendos. While confronting such employee(s) let her be polite but firm. Let her not lose her emotional control. Let her not reveal that the conversation is getting recorded.
I am telling you to general material evidence in order to strengthen the case. Once she has incontrovertible evidence, let her approach HR once again with the audio clip. Later HR can proceed as per the procedure given in POSH Act.
AnonymousYou can just record the audio or audio with video and submit the same as a proof to HR in writing. Make sure that the information is not passed on to anyone.
5th March 2018 From India, Hyderabad
5th March 2018 From India, Hyderabad
The period within which one can file the complaint can also be extended to another period of three months.
Also, where the aggrieved woman is unable to make a complaint due to her physical incapacity, her legal heir, relative or friend, co-worker, an officer of the National Commission for Women or State Women’s Commission may make a complaint to the IC on her behalf, with her permission.
Also, if the woman is suffering from mental incapacity, a qualified psychiatrist or psychologist or the guardian or authority under whose care she is receiving treatment or care, can file a complaint before the IC.
Besides inquiry into the matter by the team of IC. You bring the conspicious place under CC TV survilance. This is time to raise the confidence of the women employee by the management by holding a meeting to raise confidence that management is serious over the matter of harresment as reported.
You have outlined the procedure to file a complaint of sexual harassment but many times proving the misconduct becomes difficult for want for impeccable evidence. By the way, this is just a case of sexual innuendos. What about proper rape case itself? Conviction rate in the rape cases in India is just 25%
Our judicial system has a tenet no person should be held guilty unless proved. While the tenet might have raised the moral standing of the judicial system, it has helped the criminals as proving guilty is not that easy in India. Secondly, much depends on forcefulness with which the cases are represented.
Try to gather evidence about who is doing this comment session about ladies.
Talk to the ladies who go to canteen and ask them whether they noticed/heard of any such innuendoes, comments.
Discreet watch over the area can bring out some facts, based on which enquiry can be done. as laid down for sexual harassment cases.
Right now it is a 3rd party complaint and affected parties are silent or even unaware of the comments being passed.
But no doubt such activities are not good for image of the company and reputation of all people concerned.
Obtain evidence and act.
Thanks for shading light upon our systems. Your apprehension in the context is a time judged. What you or I can do in complex judiciary and policing situation? There is no alternative available rather to follow the existing system till something new and better thing is to come. There is absolutely flaw is not with judiciary rather with our social system and orthodox mind-set. Our people rather prefer to bear it than to fight for the cause.
[[ An example is set which is a true happening: Fictitious names are used
Raj, sr Design Engineer, 28 & Rina, 30(widow), House Keeping Staff under contractor. The office set-up remains closed on Saturday other than few as working day, result of which only 15% of total strength is avaible at office blocks and most of them goes to project site.
On one occasion Rina had a fall due to slip in office floor and was rescued by Raj and sent to medical for treatment as injury on head was serious. Rina remained in hospital for two weeks. After recovery from the injury Rima resumed her duty. After that incident Rima was considering Raj as her life saver and had developed weakness. In due course of time they have and had several physical meetings inside the work place as they find it lonely on weekend. But one tragedy happened on a particular day while they were intimacy noticed by the Security Officer came on check. The lady cried loudly seeing the person at door. She held Raj responsible and was forcefully keeping physical relation. Raj received sever punishment from the employer and finally Raj resigned from his job.]]
At the pretext we have to adhere the following lines for better result:
It’s easier to stop something happening in the first place than to repair the damage after it has happened. Therefore it is often said “prevention is better than cure (an ounce of prevention is worth a pound of cure)’’.
2. Thought No. Two: Why always think that every such happening in that company was a harassment ? Perhaps light and comical non-veg jokes or some sort might be a matter of enjoyment for that ladies group. I say so, because no lady has complained.
3. My Advice: HR of that company should take immediate steps to stop such things. Whether it is a public place or a private place, no person has any right to break social acceptable norms of dignity and good behaviour, specially when one is in company of fairer class of society. Whether it is intentional, unintentional or casual, whatever may be the reason, open taunting or under-belt comments are certainly subversive of discipline and so, they have to be properly dealt with. Perhaps, the reported matter may not be a matter of disciplinary action, yet it is an alarming signal for HR and it will be a challenging task for HR to prevent happing of such things any more.
Information Given by You: " We received a complaint letter (Third party complaint) stating that she noticed many times, some group of male employees giving sexual coated comments on female employees whoever go for lunch to the canteen."
At this juncture, I need clarifications on
Your Queries: "1. Is it handled by ICC? 2. If Yes, According to POSH ACT what are the steps to be adapted for the Enquiry?
2. The Written Report received, inter alia, should Immediately be forwarded to the Presiding Officer of the Internal Committee of the Establishment which employs the Persons against whom the Report has been raised so that the IC begins their Proceedings including i) Conciliation Proceedings at the behest of the Aggrieved Women Complainants and or b) Full Fledged Inquiry Proceedings in accordance with the Principles of Natual Justice and the Procedures prescribed for such Internal Inquiries.
In case, a Preliminary Inquiry has not yet been held to prima facies ascertain the Facts of the SH Complaint, so as to Draft Charge-Sheets or Explanation -Seeking Letters, it should be held either by a Member of the IC or a Supervisor/ an Officer of the Establishment on submission of whose Report Charge-sheets or Explanation Letter be issued.
If the Internal Committee Members have attended /participated in the Mandatory a) Orientation Program and b) Capacity & Skills Building Program, as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, they should be by now fully familiar with the Inquiry Procedures to be Properly and Faithfully followed, Step-by-Steph.
The Internal Committee must complete/conclude the Inquiry before 90 days and Submit their Inquiry Report with definite and conclusive Findings to the Employer within next 10 Day for him/her to decide on further necessary Action
Any further Clarification and or request for Assistance is Welcome.
Spl Educator, Transformatix
Eve teasing is disrespect towards women workers certainly falls on misbehaviour... deserves disciplinary action...
Confirm with cc camera reports...
Usually 3 rd party means might be ..servers cook or cleaners of that canteen..
Canteen and eating places are within the premises of company..It has certain rules strictly followed by all dos and don't s...
So appoint a cool silent observer to report ongoing matters there..
Put the contents on open notice board immediately..Warn them even if any anonymous way done any misbehaviour with women will be removed and also put behind the bars..
For this directly move ahead without any meeting with icc..Etc..
If you suspend any by directly on spot surprise visit.
Then conduct icc to decide gravity of punishment..Do courageously in maintain discipline... Your company premises is not a busstant or public park or A dhabha.or a college .
Let it know the sanctity of it by all your employees.
Don't you think companies must set up their culture in such a way that a woman feels safe and secure. After all if there is housekeeping staff to keep the place clean, why can't there be marshals, CCTV set up and strict policies to deal with such miscreants. Corporate culture cannot do away with their accountability in providing a safe environment for women to work in. Law is not enough.
Geet Mala Jalota
Author of the Book Have The Woman Left Venus? Decoding Gender at Workplace
Buy from : Amazon.in | Amazon.com | Flipkart | Shopclues | Amazon Kindle | Google Play
This is critical case because sometimes third party use their weapon for some benefits.CCTV or other source may be help for third party comments .
Do 5 W+1H analysis(why,what,who,when,whose and how),
Our NGO is doing like this investigation Globalised Compaign Welfare Society and got fruitful results
HR & Employment Law -Attorney
I am late arrival in this discussion. Nevertheless many members have contributed in this discussion, I would like to add as under:
Complaint redressal under the POSH Act starts at complaint by AGGRIEVED WOMAN. Third party complaint has no place under POSH Act.
Prabhat ji has well described this subject of complaint under POSH. Only thing the word "can" in the statement - "any aggrieved woman can file a complaint..." is not appropriate.
The complaint by AGGRIEVED WOMAN should be specific and not vague. As per latest judgement of Delhi HC 472 reported in LLR May 2018, vague complaint under POSH Act is not tenable.
It is a duty of employer to provide safe working environment.
The company has to take cognisance of the complaint by third party as already stated by Nathrao ji. After the due investigation in the complaint by third party, the IC members / Company should convince the group of women to lodge a specific complaint to IC against specific persons with in 3 months time and proceed accordingly.
Hope that the queriest got answer to his / her both the questions from the discussions up till now in this subject.
After so many replies from many professionals the person putting the query is lost.
I guess he/she would be the best person to explain the case in details and after that only we can put our laws or regulation which are there in IPC.