How Should Companies Handle Harassment Complaints Against Male Employees?

Dear Seniors,

Can somebody shed light on what disciplinary actions can be taken against male employees who harass female employees? What are the possible actions that can be taken against a male employee who harasses a female employee emotionally, and what if the harassment is physical? What is the best way for a female employee to complain against such coworkers? Will they have to provide proof?

Dear
The Supreme Court in the Visakha case has directed organisations to frame guidelines for initiating action for Sexual harassment quo the work place. Pls check out whether there is one in your organisation .If the answer is yes, one should go through that process otherwise the general process of disciplinary action. If it is outside the work place the Criminal Law can also be set in motion.
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,

Hi,

The recently certified Standing Orders have a specific clause pertaining to sexual harassment. Now, it has become mandatory for the certifying authorities to incorporate this clause. If you do not have certified standing orders for your company, you can get it certified with a specific clause for sexual harassment. Even IT companies, which fall under the Shops and Establishment Act, can have their standing orders certified by the Joint Commissioner of Labour. In Chennai, you can file the draft Standing Orders in triplicate before the Joint Commissioner of Labour (Chennai), DMS Compound, Teynampet.

If you need any further clarifications, please do revert to me.

Thanks & Regards,
Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division
Chennai - 600058.
Mobile: 9840942232

As per the Supreme Court directions in the Vishaka case, each organization has to have rules for the prevention of sexual harassment at the workplace.

It is mandatory for organizations to have such provisions in their standing orders as well as conduct discipline and appeal rules.

Each organization has to have a committee, headed by a female and with an outside member (NGO) to attend to such complaints.

For details, you can refer to the website of the Department of Personnel and Training of the Government of India.

Practically speaking, despite all the rules in place, very few females have the courage to complain against it because of fear and social stigma attached. But it's high time that women have been suffering in silence.

First, educate yourself on the relevant rules. Check about the provisions in this regard in your rules.

Check informally if the person has been behaving similarly with others; that will give you support.

Try the informal procedure first. If that does not work, then go for a formal complaint with the committee. Keep in mind that when complaining against any senior, things will be really tough, and you will have to substantiate/prove your case. Alternatively,

If you want to take the easy and escapist route, ask for a transfer or resign if things become intolerable. All the best.