Navigating Workplace Relationships: How to Address Sexual Harassment Under POSH and SH Acts?

Please clarify the following;

1. Can we consider the complaint regarding the mutual relationship between male and female employees' sexual actions that annoy other employees? If yes, how should we handle the case according to the POSH Act.

2. If a male employee behaves violently with a female employee in the workplace after she rejects his proposal, are there any provisions to address the male employee in the SH Act.

Mutual relationships that are private and do not impinge on work relationships will not come under Sexual Harassment Acts.

What exactly is annoying other employees? Has the lady in question complained?

As far as violence is concerned, it is not only harassment but also a criminal offense.

Dear friend, this is in addition to what Mr. Nathrao has written. Replies to your questions are as below:

1. Can we consider the complaint regarding mutual relationships between male and female employees' sexual actions which annoy other employees? If yes, how to handle the case according to the POSH Act.

Reply: As Mr. Nathrao has said, a mutual relationship is a personal matter between two employees. However, at the workplace, they don’t have to make a display or exhibition of it. They must maintain a discreet distance. Do you have a policy on workplace romance? If not, then design it immediately. This topic comes under that policy. As of now, counsel them to maintain distance. They can be together but without being physically affectionate.

2. If a male employee behaves violently with a female employee in the workplace who rejects his proposal, are there any provisions to redress the male employee in the SH Act?

Reply: As Mr. Nathrao has written, this case comes under POSH. If the victim does not make a formal complaint but witnesses do, then it is sufficient to take action under the provisions of this act. However, the question arises why things have come to such a pass that a male employee becomes violent when a female employee refuses to accept his proposal? What efforts did you make to nip this tendency in the bud?

Thanks,

Dinesh Divekar

Handling Complaints Regarding Mutual Relationships at the Workplace

Can we consider the complaint regarding mutual relationships between male and female employees' sexual actions that annoy other employees? If yes, how should we handle the case according to the POSH Act?

Reply No [1]: Though a mutual relationship is a personal affair between two employees, it matters when both are employees of the establishment, especially if they are in a living or physical relationship. Others have no say in this matter unless there is explicit behavior from the two. If both employees are involved in sexual actions at the workplace, it is considered misconduct. You need to act as per misconduct, not as per POSH. You may ask both employees to provide an Indemnity Bond (stating that they are adults, with consent, and the establishment is in no way entangled or can be entangled in any manner).

Addressing Violent Behavior in the Workplace

If a male employee behaves violently with a female employee in the workplace after she rejects his proposal, are there any provisions to address the male employee in the SH Act?

Reply [2]: As per your narration, the matter does not fall under POSH but rather as misconduct. It all depends on the complaint lodged by the victim with the charges. The complaint has to be understood as per the definition under POSH vide section 2(n) & section 3.

Clarification on Sexual Harassment and Misconduct

In the first case, it is not clear who the complainant is that is being sexually harassed. Secondly, what is the nature of the act of sexual harassment? In the absence of clarity on these points, this case may not fall within the POSH Act. At most, the concerned individuals can be proceeded against as per the Model Standing Orders or service rules if their actions are deemed as misconduct.

Similarly, violent behavior on the premises in response to a refusal to marry will also fall outside the scope of the definition of sexual harassment as outlined in the Act. This behavior squarely fits under the definition of misconduct under the MSO or Service Rules and will warrant disciplinary action. The affected lady must file a written complaint about the violent act with the management.

Regards,
Vinayak Nagarkar
HR Consultant

Dear Dinesh ji, with due respect to you, I would like to correct you in your below-given statement: "If the victim does not make a formal complaint but witnesses make a formal complaint, then also it is sufficient to take action under the provisions of this act."

Complaint redressal under the POSH Act

Complaint redressal under the POSH Act starts with a complaint by the aggrieved woman, in writing. So, a complaint by the victim is a must. Section 9(2) of the Act further states that where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity, death, or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

Handling Complaints Under the POSH Act

1. Can we consider the complaint regarding the mutual relationship between male and female employees' sexual actions that annoy other employees? If yes, how should we handle the case according to the POSH Act?

If the complaint is made against the same, it will be under the POSH Act as it is affecting the environment and hindering the productivity of the staff. It needs to be investigated, and if found true, action has to be taken as per your company's laid-down policy.

Addressing Violent Behavior in the Workplace

2. If a male employee behaves violently with a female employee in the workplace after she rejects his proposal, are there any provisions to address the male employee in the SH Act?

If the female is the complainant, it will be under your POSH Act. Forget about the POSH Act; the violent behavior should not be tolerated at any cost, and such acts should be clearly mentioned in your service booklet.

Addressing Violent Behavior in the Workplace

I agree with what others have said above and would like to add a few points. If it is just a proposal, then it does not amount to sexual harassment, and the female employee definitely has the right to accept or reject it. The second point is that the type of violent behavior should also be looked into. If it does not fall under the POSH Act, then disciplinary action as per the organization's policy will apply.

If the aggrieved woman has not raised the issue but it has been brought up by others, then the Presiding Officer of the ICC should speak to her, explain the procedure involved in handling such instances, and convince her to give it in writing.

The last statement of our ANONYMOUS friend at post #9, which is given as follows, needs consideration: "If the aggrieved woman has not raised it but it is raised by others, then the Presiding Officer of ICC should speak to her and explain the procedure involved in handling such instances and convince her to give it in writing."

Often, it is seen that the victim woman does not come forward to complain of sexual harassment. The management and IC should ensure awareness and orientation on the issues of sexual harassment. I agree with our ANONYMOUS friend on this point.