Dinesh Divekar
Business Mentor, Consultant And Trainer
Korgaonkar K A
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Thread Started by #gayathri-r1

Please clarify the following ;
1. Can we consider the complaint regarding Mutual relationship between male and female employees' sexual actions which annoys other employees. If yes, how to handle the case according to POSH ACT.
2. If a male employee behaves violently with a female employee in the work place who rejects his proposal, then any provisions to redress the male employee in the SH act.
17th June 2018 From India, Villupuram
Mutual relationship which are private and do not impinge on work,work relationship will not come under Sexual harassment Acts.
What exactly is annoying other employees?
Has the lady in question complained?
As far as violence is concerned it is not alone harassment, it is a criminal offence also.
17th June 2018 From India, Pune
Dear friend,
This is in addition to what Mr Nathrao has written. Replies to your questions are as below:
1. Can we consider the complaint regarding Mutual relationship between male and female employees' sexual actions which annoying other employees. If yes, how to handle the case according to POSH ACT.
Reply: - As Mr Nathrao has said mutual relationship is personal matter between two employees. However, at the workplace they don’t have to make display or exhibition of it. At the workplace, they must maintain a discreet distance. Do you have policy on workplace romance? If not, then design it immediately. This topic comes under that policy. As of now counsel them to maintain distance. They can be together but without being physically affectionate.
2. If a male employee behaves violent with a female employee in the work place who rejects his proposal, then any provisions to redress the male employee in the SH act.
Reply: - As Mr Nathrao has written, this case comes under POSH. If the victim does not make a formal complaint but witnesses make a formal complaint, then also it is sufficient to take action under the provisions of this act.
However, question arises why things have come to such a pass that some male employee becomes violent when some woman employee refuses to accept his proposal? What efforts did you make to nip this tendency in the bud?
Thanks,
Dinesh Divekar
17th June 2018 From India, Bangalore
Dear friend,
This my opinion in addition
1. Can we consider the complaint regarding Mutual relationship between male and female employees' sexual actions which annoying other employees. If yes, how to handle the case according to POSH ACT.
Reply No [1]:…………………………Though mutual relationship is a personal affair between two employees. It matters when both are employees of the establishment, if in living relation & physical relation too. The others have got nothing to say in this matter except something explicit behaviour of the two. If the both the employees’ involved in sexual actions at work place is a misconduct. You need to act as per misconduct not as per POSH. You may ask the both the employee to provide an Indemnity Bond (stating that they are adult, with consent & establishment is no way entangled or can be entangled in any manner).
2. If a male employee behaves violent with a female employee in the work place who rejects his proposal, then any provisions to redress the male employee in the SH act.
Reply [2]:……………………………… As per your narration the matter is not fall under POSH rather a Misconduct. It all depends upon the complaint lodged by the victim with the charges. The complaint has to be understood as per the definition under POSH vide section 2(n) & section3.
18th June 2018 From India, Mumbai
Dear colleagues,
In the first case, it is not clear as to who is the complainant who is being sexually harassed. Secondly, what is the nature of the act of sexual harassment. In the absence of the same, this case does not fall within the POSH Act. At the most the concerned individuals can be proceeded against as per Model Standing Orders or service rules if their actions are construed to be misconducts.
Similarly, the act of violent behaviour on the premises as a response to refusal to marry, will also go outside the scope of the definition of sexual harassment as defined in the Act. It squarely falls within the meaning of misconduct under the MSO or Service Rules if it contains , and will merit disciplinary action .The concerned lady, will have to complain in writing about the violent act to the management.
Regards,
Vinayak Nagarkar
HR - Consultant
18th June 2018 From India, Mumbai
Dear Dinesh ji,
With due respect to you, I would like to correct you in your below given statement:
"If the victim does not make a formal complaint but witnesses make a formal complaint, then also it is sufficient to take action under the provisions of this act."
Complaint redressal under the POSH Act start with complaint by aggrieved women, in writing. So complaint by the victim is must.
Section 9(2) of the Act further says that where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
18th June 2018 From India, Mumbai
Dear Shri KA Korgaonkarji,
Thanks for the correction.
Regards,
Dinesh Divekar
18th June 2018 From India, Bangalore
Please clarify the following ;
1. Can we consider the complaint regarding Mutual relationship between male and female employees' sexual actions which annoys other employees. If yes, how to handle the case according to POSH ACT.
If the complaint is made against the same , it will be under POSH act as it is affecting the environment and hindering the productivity of the staff . It needs to be investigated and if found true , action has to be taken as per your company's laid down policy.
2. If a male employee behaves violently with a female employee in the work place who rejects his proposal, then any provisions to redress the male employee in the SH act.
If the female is the complainant, it will be under your POSH act... Forget about the posh act, the violent behaviour should not be taken in at any cost and such act should be clearly mentioned in your service booklet.
18th June 2018 From India, Delhi
Hi,
regarding -2.If a male employee behaves violent with a female employee in the work place who rejects his proposal, then any provisions to redress the male employee in the SH act.
I agree with what others have said above and would like to add few points like if it is just a proposal than it does not amount to SH and definitely the female employee has a either to accept or reject. the 2nd point is that what type of violent behavior was it, should also be looked into. If it does not fall under POSH Act then definitely disciplinary action as per the Policy of the organization will apply
if the aggrieved woman has not raised it but raised by others then the Presiding officer of ICC should speak to her and explain to her the procedure involved in handling such instances and convince her give it in writing
19th June 2018 From India, Bengaluru
Dear Friends,
The last statement of our ANNONYMOUS friend at post #9 which is given as under needs consideration.
"If the aggrieved woman has not raised it but raised by others then the Presiding officer of ICC should speak to her and explain to her the procedure involved in handling such instances and convince her give it in writing"
Often it is seen that the victim woman do not come forward to complaint of sexual harassment. The management and IC should ensure awareness and orientation on the issues of sexual harassment. I agree with our ANNONYMOUS friend on this point.
19th June 2018 From India, Mumbai
Thank you all my Respects your valuable time spent on my queries.
19th June 2018 From India, Villupuram
Thanks Keshav Korgaonkar for appreciating my view
usha,
Bangalore
19th June 2018 From India, Bengaluru
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