Nagarkar Vinayak L
Hr And Employee Relations Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
Rahul Chhabra
Hr Professional
Retired Government Servant/advocate
+1 Other

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I am working as a hr - in our suggestion box i received more complaints - regarding sexual harassment of particular employee
letter is unnamed and emp id is not mentioned in that letter. Is this letters is enough - to terminate that employee legally.
Kindly guide me with legal steps to take action.

Dear Arunraj,
Do not act in haste over matters pertaining to POSHAW! You need to carefully examine what is written in the complaints; if it narrates a particular incident that happened; you may take it as a formal complaint and let the IC investigate the matter.
However, if the complaints are only naming one person; you may want to keep a strict eye on that person. A complaint without an incident can not be accepted as a complaint.

we r receiving to many complaints frequently on one particular employee(he is also one of the top member of management) , but we dont have video proof , so we have given a printout(emp id and name not mentioned) to all employees to fill their issues and what are the enhancement they need. most of the filled printout contain same complaint against that person ,
we can able to terminate that employee with this proof(printout) . what is the legal procedure

First and foremost, you need to have an Internal Committee in your organization. Handover this issue to the IC and let them investigate; however a major part of any complaint is an "incident"!
Rahul Chhabra

Any Complaints/Allegation/Report of Sexual Harassment of Women at Workplace must be dealt with as per the SHWW (P,P 7R) Act 2013 and the Service Rules or Standing Orders applicable to the Respondent ( Employee against whom the allegation is leveled) , because the Act of SH is to be treated by the Employers / Heads of Institutions, as an Act of Misconduct; Disciplinary Action-Steps Followed like issuing Show Cause Notice/Letter, Seeking & Securinh his Written Explanantion in his defence and then forwarding all related Documents to the Internal Committee of the Esta.
Every Employer or Establishment who/which employs Ten and more Workers/Person on Muster Rolls must constitute the Internal Committee or in Establishment without an IC constituted, the SH Complaint Must be forwarded to the Local Cpmmittee notified under Section-5.
Kritarth Team,
8.3.19 Bluru Office

Dear colleague,
You can not proceed further unless the complaint giving full facts like date, time place of incident and what is the nature of sexual harassment is received from the complainant.
It is futile to take any view at this stage when facts are unknown.
Vinayak Nagarkar
HR- Consultant

The mere receipt of complaints against one from many on regular basis is definitely a matter of concern. As per you all the complaints are of annonymous nature, which you can not take as proof/ evidence for initiating discipliniary action under POSH. Now the duty of Hr department is to bring this information to the notice of MD/CEO/ICC of your establishment, and seek their advice. In the mean time HOD-HR call the employee in person to meet and appraise about the compalints received against his name & provide the copies of the comaplaint to that employee to submit his views over the topic. You need to conduct a secret inquiry at your level to know the facts,figure & truthfulness in those complaints. Call the victimised employee to your office for a discussion,if the name is known to you.
The action can only be intiated aginst the employee after you have sufficient clues,proof & information on misconduct under SH at work place. You can terminate that employee after conducting an inqiry but complainant should come forward because her testimony will be weapon to act upon. Now to create awareness and building of confidence you come out with a circular: that management is serious to act extreme aginst the culprit on identity of the complainnant and names shall be kept secret.

Employer or Employee? Please clear first. Rgds
The general principle is that no action could be initiated against a person based on anonymous or pseudonymous complaint.
Dear Sir, My question is in that case many times lady employees don’t hv any evidence for culprit person. so how we solve this type of matter kindly suggest. thanks

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