suhas_diwate7@rediffmail.com
1

What should any Female employee do, when any Male boss/employee insults her orally on the office premises? WGC ( Women Grievance Cell) works only for physical harassment. shall there any committee works on oral misbehavior and fixing false allegations on ladies employees at working place?
From India, Pune
Dinesh Divekar
7855

Dear Suhas,

There are two types of harassment, sexual and non-sexual. While the former is generally restricted to the women employees the latter can be for men and women both. If the employee suffers harassment at the hands of the seniors then the aggrieved employee may put up the application for the redressal of grievance. In the application, he/she may write what happened, where it happened, what kind of abusive or insulting language was used, when it was used, who were the witnesses etc.

The application may be addressed directly to the MD of the company, however, hand over the hard copy to the HR Department. Ensure that the HR representative acknowledges the receipt on the second copy of the application. If the HR personnel refuses to accept the application then it may be sent by Speed Post with acknowledgement due. Please do not send the application by email. All the communication must be done through hard copy only.

On receipt of the application, the management is expected to order the enquiry. If no enquiry is ordered or if no action is taken then, the aggrieved employee may send the reminder after 8-10 days. If no action is taken on the employee even after the reminder is sent then the employee is free to approach the labour office of his/her city. If the verbal abuse is of extreme in nature then the woman employee may file a complaint to the office of the National Commission for Women (NCW). However, the office of the NCW may not take a deep interest as generally, they focus on crimes against women who are tormented physically or sexually. Therefore, the woman employee has to pursue her case in the office of NCW. If the woman employee ensures that NCW sends the notice to the management then it will have far more weight. If the NCW is supportive then they help the woman employee to file an FIR against the accused or even against management for protecting the accused.

While I have written the general procedure, it is crucial to generate irrefutable evidence in the form of audio or video. I say so because there is a possibility of witnesses turning hostile and thereby collapsing the case. Therefore, an aggrieved employee has to do a lot of spadework before putting up the application. No need to submit evidence along with the application. The aggrieved employee can tell that the evidence will be provided during the enquiry.

Notwithstanding whatever I have written, the woman employee should muster the courage to do all the above. Sometimes the bravado shown at the beginning fizzles out as the time passes. Secondly, while doing all this, the woman employee may lose her peace of mind. Therefore, let the woman employee keep in mind that it will be a test of her tenacity and should not buckle under the pressure. If the woman employee gives up the fight in between, it will embolden the management further.

Thanks,

Dinesh Divekar

From India, Bangalore
Sandhya Arya
4

Dear Suhas,
I agree with Mr. Dinesh Divekar. Whatever he has said is insightful. I suggest that any female employee who faces such kind of behaviour must be supported by the Management through the whole process so that she feel strong morally and can fight for her rights. As, it is very difficult emotionally for anyone to resist negativity in such situations.

From India, Ludhiana
Nagarkar Vinayak L
617

Dear colleague,
To deal with this situation, you have following options:
* Ignore the person and maintain your cool if it is the first time. Or
* Tell the person politely and firmly to conduct in decent manner at workplace. Any repetition, will get reported to higher authorities. Or
* Use grievance redressal procedure if the matter is considered serious.
* If repeated, and the harassment is unprovoked, go on record and bring to the notice of the highest authority.
Unless the person is paranoid, above approach might check his behaviour.
Regards,
Vinayak Nagarkar
HR-and Employee Relations Consultant

From India, Mumbai
sumitk.saxena
252

Immediatly She has to approach to WGC ( Women Grievance Cell) at workplace or approach to the committee of Sexual Harrashment Prevention Grievance & Redressal with written complaint.
From India, Ghaziabad
saswatabanerjee
2383

Is WGC ( Women Grievance Cell) a statutory requirement or is it a voluntary mechanism started by a particular company?
From India, Mumbai
John Chiang
30

The Company, as part of its equal employment opportunity policy, is committed to providing its employees with a working environment free of unlawful discrimination. Because sexual harassment and intimidation constitute unlawful discrimination, actions or words which sexually harass or intimidate fellow employees are expressly forbidden and will not be tolerated by the Company.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when -

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,
• submission to or rejection of such conduct by an individual is used as the basic for employment decisions affecting that individual, or
• such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive
working environment.

The employee should report immediately any incident believed to constitute sexual harassment to her immediate Supervisor. Alternatively, if the employee would find it difficult to discuss such a matter with her Supervisor, or if the incident involves her Supervisor, report the incident to the next higher level of management, to the HR Manager or Departmental HR Representative or to Employee Advisory Services in the HR Department.

All complaints will be treated in strictest confidence. Incidents will be investigated promptly and documented if possible. If the complaint is determined to be justified, disciplinary action will be taken against the employee whose conduct is considered sexually harassing or intimidating. Disciplinary action will be in accordance with Company policy and may include termination of employment.

Management will be responsible for implementation of this policy, for ensuring that all employees are aware of and adhere to the Company's policy and for prompt and confidential processing of any incident reported hereunder.

Best regards to CiteHR Team Members,
John Chiang

From China, Shanghai
sumitk.saxena
252

Dear Saswata, WGC ( Women Grievance Cell) is a voluntary mechanism , statutory requirement is Sexual Harassment Prevention-Grievances-Redressal Committee . Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
gannahope
68

Ya DEAR SIR
THERE IS NO SCHEDULE PART -A AND PART -B OF HARRASSMENT ON WOMEN. LIKE PART -A FOR PHYSICAL HARASSMENT AND PART -B FOR ORAL HARASSMENT.
BOTH ORAL ABUSE AND PHYSICAL UNNECESSARY TOUCHING...EQUALLY PUNISHABLE UNDER WOMEN SEXUAL HARASSMENT ACT AT WORK PLACE.
EITHER ORAL INSULTS TO WORKING WOMEN ARE EQUALLY CARRIED BY I. P. C. FOR REMOVALS.. SUSPENSIONS... AND ARRESTS OF SUCH SENIORS.

From India, Nellore
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