How Should We Handle Misbehavior Towards Female Colleagues in the Workplace?

Dear all,

If any male associate of the company misbehaves with a lady associate, what is the procedure to take necessary disciplinary action against the culprit?

Seniors, please advise.

Investigate why and under what circumstances he misbehaved with her. Was it in an official or personal capacity? If you are certain that the male has intentionally misbehaved, issue him a show cause notice to provide explanations. If his explanation is unsatisfactory, you can initiate disciplinary action.

Hi,

You can take direct action against him under the employee standing orders. There is a specific clause for the same. No need for an investigation is required if the report is confirmed with valid and strong proof of the incident and is reported in writing.

Regards

Dear Friend,

Misbehaved in what sense? Whether it can be covered under sexual harassment at the workplace!

Thank you.

Mr. Ajit,

We are in a democratic country, and you cannot take out the stick and beat around without conducting a formal inquiry and investigation.

Hi Mr. Ponraj,

I agree with you that is the reason why when the issue is being reported in writing along with proof, then why is an inquiry required? You can take action and let the other party contest the same.

Regards

Hi,

Kindly take the following steps:

1) Has the female staff made a complaint? If not, please take the complaint.
2) Based on the complaint, issue a show cause to the concerned male employee.
3) In the meantime, investigate the matter on your end.
4) Once the employee replies, take action according to your investigation and the employee's response. Take appropriate action, such as issuing a warning letter with a copy in the personnel file if the matter is serious, or suspension, etc.

T&R
SNB

Hi,

In this connection, it is important to refer to the Hon' Supreme Court's guidelines, which are mandatory for the employers to comply with. Sexual harassment is defined as follows:
a. physical contact and advances,
b. a demand or request for sexual favors,
c. sexually colored remarks,
d. showing pornography,
e. any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Actions:
1. Disciplinary action as per service rules.
2. Where such conduct amounts to an offense under the Indian Penal Code or any other law, the employer is required to make a proper complaint with the appropriate authority.
3. Also, the employer is required to constitute a complaints committee and Complaints Mechanism. Additionally, it is the duty of employers to report to the Authority.

I.N.JHA

ü Disguise check from HR, if any complaint registered, by any employee, for any fellow colleague, in terms of misbehaves with a lady associte.
ü Cross check with given witnessness and other fellow colleagues
ü Discussion with the management along with presence of victim/ complaintant
ü If complaint is authenticated, corrective & preventive action should be taken by the management, immediately

Have you received any complaints from female associates in writing? If not, kindly request them in writing and seek clarification from the male employee in writing. If you do not receive a satisfactory reply, you may issue a warning letter to the employee, instructing them not to repeat such behavior with any employee in the future.

Ajay

Bhai log, :-D

The procedures are as follows (if I am not mistaken):

1. Take a written statement from the female employee.
2. Preliminary Investigation.
3. Issue a show-cause notice, giving him time to respond.
4. After the show-cause notice, if not satisfied, take management into confidence and conduct a domestic enquiry.
5. After the domestic enquiry, if he is found guilty, send him a letter asking "why he should not be punished."
6. Implement punishment (termination, demotion, etc.).

During the enquiry, you have the right to suspend him until the proceedings are over.

Regards,
Rajeev Dixit
(9901436213)

When I read "misbehaves with a lady associate," I tend to think that both the male staff and lady associate were engaged in some form of "misbehavior" and were caught red-handed. If this was the case, if the company decides to take action, both should face the music and not just the male staff.

Farah may wish to clarify.

Autumn Jane

Dear all,

Regarding the misbehavior towards a female employee, whether the employee is senior or junior, the first step is to obtain a written statement from the concerned employees detailing the complaint. Issue a warning letter and request a response from the accused employee. If you find the response satisfactory, proceed with the necessary follow-up actions.

Thank you.

In any such incident, the show cause notice can be given before the investigation, depending on the seriousness of the case. Give a show cause notice to him, and now the onus is on the alleged to prove "why no action should be taken against him." So, the investigation starts right after the show cause.

First of all, you should check the corporate policy of your company on sexual harassment. Usually, every company has a policy on corporate behavior. Before following this policy, first, warn the employee of the dire consequences under this policy if that doesn't stop the misbehavior. If the process of misbehaving stops, then it's good for both the person; otherwise, you should take further action as per the policy of your organization.

Dear friend,

Along with disciplinary procedures written by other members, according to the Employee Standing Order Act, you have to appoint an inquiry officer for a domestic inquiry. You have to follow the Rules of Natural Justice. There would be cross-examination of delinquent witnesses and management witnesses. Findings will be produced to the competent authority, and based on that, management can take action.

Please correct me if needed.

Regards,
Pratap Kamble
9689901446

Cool, cool, cool! Any complaint from a female employee regarding our discussions does not need to be in writing. It's better not to escalate the issue since you may become directly involved in court proceedings if it comes to that.

Referring to the Supreme Court verdicts on similar matters, we can officially request an explanation from the accused, without necessarily filing an FIR. This approach will help prevent any further incidents related to the particular activity. The organization can soon launch an investigation through the vigilance department.

Dear Professional,

Initiate Disciplinary Action against Co-worker.

Even if it is late (time-barred), ask the Female Employee to give a written complaint forthwith. Failing which, based on her verbal complaint lodged earlier, conduct a Preliminary Inquiry to ascertain whether, prima facie, the complaint seems authentic (real not imaginary). Ask the Complainant and the Delinquent Employee to be present during this Inquiry along with 1 or 2 witnesses, if any. Complete this Preliminary Inquiry within hours and based on the findings, Frame the Charge-definite, with sufficient precision, mentioning Date, Time, and Place of occurrence of the alleged Misconduct - and issue it to him. Take his receipt. Ask him to submit his Reply/Explanation within Two working Days of receipt of the Explanation Letter. Carefully consider his explanation and if it is found Unsatisfactory, issue an Office Order (signed by the Appointing/Punishing Authority with Office Seal) informing him and her that Management has decided to conduct a Domestic Inquiry into the allegation and the Explanation. Appoint an Inquiry Officer - an impartial Officer/Manager - to conduct & complete the Inquiry Proceedings. The Inquiry should be as per laid down procedure and must be fair, just and give reasonable opportunity to him to defend his action/alleged misconduct. On the basis of the Report submitted by the Inquiry Officer, necessary action should be taken as per the Standing Orders of the establishment if the allegation is found established.

Harsh KSharan,

New Delhi 09312 650756

hksharan@gmail.com

Hello Farah,

You must take time to gather the "facts" and not jump the gun. Did something truly happen, or was there a misunderstanding? If there is a problem, do you have an employee handbook with a policy that describes actions to be taken with such behavior? If so, follow company policy. If not, you might want to consider creating such a manual and include within it a section on the CODE OF CONDUCT.

Depending on the level of conduct, you should consider following a Progressive Discipline process:

1. Verbal warning
2. Written warning
3. Suspension
4. Termination

However, you do not have to follow these steps in order. This is just a guideline. Depending on the infraction, you have to make the call. Remember, whichever option you choose, it sets in place future decisions on similar situations.

By the way, did you know that 60 to 70% of all managerial decisions have some level of legal ramifications attached to them? Keep this in mind.

Be well, Dr. Marc 🙂

PS 63:7

In this case, basically, we need to investigate the problem. Speak with the female employee and obtain the written complaint. Then, the male employee needs to be confronted with his manager and asked for an explanation. During the conversation, you will gather a lot of information. Also, issue him the show cause notice post-discussion and ask for the reason in writing. If the employee accepts, take necessary action as per your company policy - in most companies, it is termination.

In the case of misbehavior amounting to sexual harassment at the workplace, the Supreme Court is very clear. Please read the guidelines. A written complaint is submitted by the complainant to her supervisor. A committee constituted as per Supreme Court guidelines conducts fact-finding. Based on the findings and the severity of the misbehavior, if any action should be taken, time is of the essence.

A sexual harassment at the workplace policy is what every company should already have in place. The intention of the person is not what is addressed or investigated; it is the effect of the behavior on the recipient that defines sexual harassment.

Dear Farah,

You must have seen all the posts wherein members have given their viewpoints and opinions and familiarized yourself with the following, which will be useful to you:
- Sexual harassment - what constitutes
- Departmental enquiry - how to conduct
- Written complaint - a must for initiating action
- Principles of natural justice - the other person to be given a chance to be heard
- Due process - the legal process of going about the whole thing
- Punishment - quantum depends on the seriousness of the act, etc.

Correct me if I am wrong, but it seems you are new to HR, and your organization does not have a well-laid-out disciplinary procedure.

First of all, the term "misbehavior" that you have used is vague. It means "to behave badly," "to behave (oneself) in an inappropriate way," or "improper, rude, or uncivil behavior." Not wishing a lady, not standing when she enters, not pulling out a chair for her, arguing loudly, etc., can all be termed "misbehavior"; but these are not punishable. There can be certain misdemeanors that need not be escalated.

So, you have to first tell the members what exactly you mean by misbehavior and the incident along with the actual words used.

Secondly, in the official world, the word that entails any punitive action is "misconduct." Misconduct refers to those severe acts of misbehavior that entail penal action by the management. In industrial establishments, "misconducts" are specifically spelled out in the Standing Orders. For example, "sleeping while on duty," "reporting to work in an inebriated condition," "threatening members of staff or management with dire consequences," etc.

In the instant case, you have to ascertain from the concerned lady what exactly was the misbehavior. Then decide on the merits of the accusation (here, you have already pre-meditated to punish the perpetrator) if it needs escalation to be taken cognizance of.

In that case, you'll have to take a written complaint. You cannot take action just on hearsay (unless it is a sub-standard company with no people policy). You have to remember that the other person also has a right to be heard and explain his side of the story. Else, the action will be termed arbitrary and unlawful, and the person can sue the company.

Regards.

Dear all,

From the description, it is not clear whether the misbehavior could be considered as 'Sexual Harassment'. Mr. Jha has provided the correct definition, so let's try to see it from that perspective. In a case of sexual harassment, firstly, the female employee has the right to request a transfer or to have the harasser transferred. The rest of the actions follow subsequently. Everyone has the right to human dignity, and that must be respected. The procedures for taking action have already been described by Sai Nandan.

Regards,
KK

Hi,

In case it is proven that the male employee harassed the female employee and this issue was brought to their immediate supervisor/HR, then the male employee should be terminated from the company without any warning letters or show cause letters being issued in such situations. Additionally, if it is proven that the female employee is falsely accusing other employees, she should also face disciplinary action, including possible termination.

Following the process of issuing warning letters, memos, or show cause letters in such cases may lead to similar incidents occurring in the future, which is not advisable from an organizational perspective.

Regards,
Murthy

Hi,

A committee needs to be appointed under the Sexual Harassment Policy. It is mandatory for all establishments. The complaints received need to be looked into by the Committee, and they need to question both parties separately. After completing the process of questioning and obtaining statements, they need to submit a report to the Disciplinary Authority. The Disciplinary Authority would initiate the process as per the Standing Orders.

If you do not want to go through the process and if your intention is just to bring to the notice of the concerned individual who has misbehaved and then take it forward, you can always issue a show cause notice calling for his explanation. If he denies, you need to follow the process. If he accepts, you can take it forward for imposing a suitable punishment, except dismissal.

Regards,
Prakash

Dear Friend,

There are different kinds of misbehavior. Some come under sexual harassment, and some are normal occurrences in daily work. If it is sexual harassment, then you should set up a committee with male and female members, forward the complaint to the committee, discuss the matter, and if it is confirmed, simply suspend the individual and proceed with a domestic inquiry. Otherwise, you can directly give him notice to explain the matter, verify the reply, and if not satisfied with the response, suspend him and conduct a domestic inquiry. First, verify the facts before taking any action. Everybody has the right to have the opportunity to prove their innocence.

Thanks,
Shiv

It comes under MAJOR MISCONDUCT, and the delinquent worker should be suspended. Disciplinary proceedings are held according to the company standing orders; it's a misconduct relating to morality.

Dear Friends;
Love;
I have observed here, that many members ask vague questions, without giving sufficient details of the problem and several members immediately jump in to it without really understanding the problem and its intricacies or seriousness and start advising the inquirer. Many of them want to prove their smartness and knowledge about HR functions. But actually they prove their foolishness.
Some people ask counter questions to know more about the problem and situation. But many a time I observe that the person who raise such query, dose not bother about the reply, what so ever it is. As if the problem is a fabrication of his/her mind, just to keep others busy or make them fool.
Recent case of Chetan Ahuja is there in front of you and finally the thread has to be closed. I believe that instead of expressing anger on Chetan, the members should learn from the incident. In fact the technique used by Chetan should be recognized as a “Chetan's Fool Hunting Technique” and that can be very much useful to HR people while recruiting people in the company. HR must know the level of foolishness of the person, to whom they are recruiting.
I believe that HR people are expected to ask question or query in meaningful way. I am not from HR division, but looking to the conversation going on here I understand that a special training is required to develop asking skill or inquiring skill to HR people. If anybody has some material on "How To ask Question or Raise Queries" need to share with other fellow travelers.
His Blessings;
Sharad Shah

The procedure mentioned by Ms. Priyanka is authentic. Nothing should follow on verbal terms.

Hi,

Everything seems to be okay, but please check whether the concerned lady did not provoke that poor fellow. What is the grade of both employees? Are they at the same level? Also, what kind of misbehavior has occurred? Was he abused or something else? All parameters are necessary to know. The best way is compromise; you, as HR, should initiate the process rather than resorting to litigation. Good luck.

Regards,
VK Saxena

This is taking the law into one's own hands. 😄 Great organization!! What is it called and where is it found? Is it banned or yet to be banned? Nothing but Termination!! Or, is it ex-termination? 😅

Dear Tarranum,

Your query is incomplete insofar as you have not mentioned whether your organization is a Government organization, a PSU, a public limited company, or a private (ownership/partnership) trade house.

If yours is a Government office or a PSU, there is a clear provision for disciplinary action in the CCS (CCA) Rules, 1965, considering it as misconduct in the case of Central Government Offices or some PSUs that have adopted the said Rules or the respective Conduct and Discipline Rules of the PSUs. If your organization is a State Government organization, the Conduct and Discipline Rules of the concerned State may be applicable. If your organization is a Public Limited Company, Conduct and Discipline Rules, if any framed by that company, would be applicable. If the company has not framed any such Rules, the only way is to make a formal complaint to the competent higher authority over and above the misbehaving seniors and watch for the result.

However, in all such cases, the harassed employee must make a formal complaint. But if the competent authority does not take any action against the culprit, a Government/PSU employee can make a formal complaint directly to the Central Vigilance Commission.

In all other cases, if the competent authority does not take any action, the employee, if she decides so, can lodge a complaint with the Police.

However, if you can make it clear to which organization (Govt./PSU/Other company, etc.), I can advise you suitably based on my practical vigilance experience of 27 years. You can, if you like, contact me at: [psd1941@yahoo.co.uk] with complete details of the case for proper guidance.

P S Dhingra
Vigilance & Change Management Consultant

Hi, it takes two to tango. Anyway, firstly, make a thorough investigation (if this is really serious), gather enough evidence, and ensure that you are definitely sure it is happening. Remember, "A person is not guilty until proven."

Before taking any drastic action, I think it is worth confronting this issue with the person concerned face to face, highlighting to him what has been going on. After the discussion, firmly tell him that this is a verbal warning, and if it happens again, you will not hesitate to issue a warning letter. Persistent behavior may eventually lead to termination if it doesn't stop.

Dear Friend,

It amounts to sexual harassment and is punishable by law. To ascertain the facts, please constitute an internal committee consisting of 3 members, of which 2 must be senior lady colleagues. Both the accused and complainant have to be summoned to represent themselves in front of the committee. Request the committee to forward their findings with proposed punitive actions within 7-10 days. Present the committee's findings to Top Management and request action to be taken. The final action has to be initiated by HR.

Dear Friend,

It amounts to sexual harassment and is punishable by law. To ascertain the facts, please constitute an internal committee consisting of 3 members, of which 2 must be senior lady colleagues. Both the accused and complainant have to be summoned to represent themselves in front of the committee. Request the committee to forward their findings with proposed punitive actions within 7-10 days. Present the committee's findings to Top Management and request action to be taken. The final action has to be initiated by HR.

Hi,

In the case of harassment of a colleague based on sex, it becomes sexual harassment. Harassment can take many forms and types. Firstly, you should ensure confidentiality for both the alleged victim and the alleged harasser.

Secondly, the proceedings of the committee investigating this sexual harassment complaint should be kept confidential to prevent the character assassination of the innocent.

Thirdly, swift action is required. If the allegation were to escalate into a significant issue, the management could be affected as it has not provided a safe work environment and might be liable to pay substantial compensation.

Take care.

Regards

PURASH PRDHAN SAMAJ-------

How much the team or organization recognize the female views.

In an organization, where the female staff is working ,often face the difficulties. The single woman in organization is not valued to give the opportunity. Very often , her views disregarded. As called this is the men's world. Man as the “PURASH-PRADHAN “ Society has always disregarded the woman.If the director is giving the motivation to female staff,then after him the colleagues who are males are not favouring the female colleagues.Some time director also not consider the female staff.

EX- There is a deepawali function in the office . and as hr cum admin head was absent for 3 days due to some reason on 21,22,23rd oct. and deepawali is on 5th nov. And the boss has made the 3 people team when she was absent and they were given the responsibility to organize the fest. And I as HR was out of this. They were only intimating me as per the order of Director but was not valuing the suggestions. Neither the deepawali bonus suggestion nor any Cash suggestion was accommodate by the team. Despite of telling that it will lead bad consequences,they end up. And even the head who was the high level manager in that triplet committee has refused me to go direct to my boss who is the director while carrying these suggestions. And from several days, my director was saying to me that we should have a sculpture of God in our small office temple. And I have purchased that and placed it there. Then triplets committee has made the issue that how I had purchase that . so all these things lead to demoralize my morale. And more to this My Boss (Director) has given the authority to decorate the office. And even the triplicate committee is refusing me to purchase the items by saying they will manage it by my own.I am not opposite to this. But feeling bad that how they are not considering or giving the values to a female.

“Purash pradhan samaj.”

Subject: Re: Disciplinary Action Against Misbehavior with a Lady

There should be some documentary basis in the evening for issuing a show-cause notice, though not an investigation report. Is there a formal complaint from the female employee? If there is a formal complaint, you can proceed with the show-cause notice. Consider his explanation and decide on the further course of action to be taken besides getting it investigated (during which all evidence will be collected) under the Sexual Harassment Policy for initiating a departmental inquiry if the explanation is not satisfactory.

Thanks,
Prakash

I am working as a senior executive in HR with a manufacturing firm that deals in wire harnesses for the last 2 years and 3 months. The director of this company is the son of the MD's brother. He is ill-mannered and doesn't behave well with any employees, not even with females. He has been tormenting me for the past year and a half. Despite no complaints about my work, he consistently claims that I am not contributing. Three months ago, he yelled at me in front of all employees, using abusive language and publicly insulting me. I reached out to the MD via email, but no action was taken. On 15th Nov-14, he repeated the same behavior, humiliating me in front of the entire staff, mentally torturing me, and implying my redundancy. When I questioned him, he resorted to further verbal abuse, mocking me in front of others. Distressed, I wrote another email to the MD, forwarded the previous one, and left for home after informing Mrs. MD over the phone.

On the morning of the 17th, he once again shouted at me, demanding I leave the organization, which I politely refused, stating my intention to remain at work until meeting with the MD. My colleagues supported my stance, commending me for my actions. He has unjustly dismissed many employees, a practice I cannot condone.

Our MD has not yet arranged a meeting with me. If such a meeting is scheduled, I have already prepared a list of my responsibilities and documented instances of his disrespectful behavior towards me. If no meeting is scheduled this week, I will pursue legal action against the company. Can you please provide guidance on this matter?

Thanks,

A show-cause notice can be issued based on a written complaint. It is essentially providing an opportunity for the employee to submit their response to the complaint. If the employee accepts the allegations, minor punishment can be imposed as per the service regulations. If the employee denies the allegations, an investigation can be conducted, and thereafter, a chargesheet with definite charges can be issued. The report should come from the committee appointed under Sexual Harassment.

Regards, Prakash

I had a meeting with the MD and the director, but they both diverted the conversation to other job-related matters and did not address the incidents of misbehavior that have occurred with me multiple times. Other staff members are supporting me and advising me to file a complaint because the director has mistreated other employees as well. He even verbally abused another female colleague on the 18th of November, 2014. She is also standing with me and seeking action from the management. We both now demand action against this director.

However, we fear that no action will be taken against him since he is the nephew of the owner.

Please advise on what steps we can take in this situation.