Handling Employee Misconduct: What Actions Can a Company Legally Take?

Dear All,

In the event that an employee is found guilty, what actions can the company take? What actions need to be taken as per the law? Can the management issue a warning to the employee without resorting to actions such as suspension or termination?

Regards,
Ritesh

Hi Ritesh,

The company needs to have a sexual harassment committee in place. The case needs to be solved within 5 days. Also, the committee should investigate and hand over the recommendations to an appointed committee head, which is preferably not from the company to bring in more neutrality. Most companies have sexual harassment policies in place. It is not necessary to terminate the employee; this would depend on the severity of the act. Depending on that, the committee investigates and decides.

Regards,
Krishma

Dear All,

Please read the Visaka case Judgement. Even recently, the Bombay High Court, in the matter of Arati Durgaram Gavandi vs (1) Managing Director, Tata Metaliks Limited, Sindhudurg; (2) S. C. Gupta, Director, Usha Ispat Limited, Sindhudurg; (3) Nijam Uddin Kamran, Deputy General Manager, Usha Ispat Limited, Sindhudurg; (4) Maharashtra State Commission For Women, Mumbai; (5) State of Maharashtra, has held that every employer in the territory of India is bound to abide by the judgment of SC norms laid down in Vishaka's case (1997 INDLAW SC 2304), which is law under Article 141 of the Constitution. The Supreme Court directed the employer to inquire into the complaint.

With Regards,

V.Sounder Rajan

E-mail: rajanassociates@eth.net

Dear Sir,

I agree that there should be a sexual harassment committee which will investigate the matter. If it is found that there is a case of sexual harassment, then disciplinary action will be taken against the individual, such as a charge sheet, domestic enquiry, etc. This is a serious offense, and if found guilty, services should be terminated.

Thank you.

J.S. Malik

Hi All,

What does the Indian Labour Law say about the harasser? Depending on the severity of the act, and if the person is found guilty, can he/she be dismissed from service? Moreover, where can I find Indian labor laws on the web?

Thanks