----What if Remedy for Sexual Harassment Complaint Gets Elusive?----

On Holi Festival Day, declared as Plant Holiday, a Young Woman Engineer-Trainee receives Tele-Call, Caller identifies him as Plant Head, invites her to Join Holi Revelers at Plant Club House, she politely declines his Invitation pleading she is not OK with Liquid Holi colors. He disconnects his Mobile phone. After 10 minutes, he calls again on her Mobile saying, “OK join us we are celebrating with dry colors, she declines his offer saying even dry colors itches her skin. He disconnects. In next Ten Minutes he calls her up begging desperately “Aa Bhi Jao, Bhaang Tow Lelo”. She is furious at his temerity for outraging her Modesty as a Woman, disconnects, ponders over her plight and starts next day knocking at Office of HR Manager at 8 am and complains about the Unwelcome and Humiliating to her act & behavior of Plant Head insisting immediate remedial action for his Harassing Behavior. HR Manager assures he would take up her Complaint but Two days after hands over her Employment Termination Order Letter.

What to do in this/such Cases? Guidance from learned PoSH Practitioners shall enlighten present & future IC Members.

Harsh Kumar Sharan, Kritarth Consulting

#holistichr #PoshMasters

From India, Delhi
Dear Harsh Kumar Sharan,

My views are as under:

The termination order is not proper, valid and just. It is illegal termination, whatever may be the category of the employee.

The company seems to be not following the POSH Act. The HR seems to be not aware of the Law. Otherwise the HR would have advised the lady to approach the IC or taken up the matter to IC. I doubt, the company has any IC. I have seen many companies with no IC. HR are not aware of POSH Act. Today only one great learned HR professional I came across telling me that POSH Act is applicable when you have 10 and more female employees.

It also seems to me that no POSH awareness programs are conducted by the company. Otherwise the lady would have made complaint to the IC if at all it is existed.

If the lady takes up this issue at appropriate level, the company may come in trouble.

If at all IC is existed in this company and no complaint is received by it, it should advise the HR on this matter properly and keep a proof of the fact that this matter was not reported to it.

From India, Mumbai

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