Dear Suhas,
Types of harassment
There are two types of harassment: sexual and non-sexual. While the former is generally restricted to women employees, the latter can apply to both men and women. If an employee experiences harassment at the hands of seniors, the aggrieved employee may submit an application for grievance redressal. In the application, he/she should detail what happened, where it occurred, the type of abusive or insulting language used, when it was used, and who the witnesses were.
The application should be addressed directly to the MD of the company, but the hard copy should be handed over to the HR Department. Ensure that the HR representative acknowledges receipt on the second copy of the application. If HR personnel refuse to accept the application, it may be sent by Speed Post with acknowledgment due. Please refrain from sending the application via email; all communication must be in hard copy format only.
Upon receiving the application, management is expected to initiate an inquiry. If no inquiry is conducted or no action is taken, the aggrieved employee may send a reminder after 8-10 days. If no action is taken even after the reminder, the employee is free to approach the labor office in their city. In cases of severe verbal abuse, a female employee may file a complaint with the National Commission for Women (NCW). However, the NCW may prioritize crimes against women facing physical or sexual abuse, so the woman employee may need to actively pursue her case with the NCW.
Gathering evidence
Although I have outlined the general procedure, it is crucial to gather irrefutable evidence in the form of audio or video recordings. Witnesses may become uncooperative, potentially weakening the case. The aggrieved employee does not need to submit evidence with the application but can state that evidence will be provided during the inquiry.
Despite the above information, it is essential for the female employee to gather the courage to follow through with the steps outlined. Initial determination may diminish over time, and the process may affect the employee's peace of mind. It is important for the woman employee to remember that this will test her perseverance, and she should not succumb to pressure. Giving up midway may embolden the management further.
Thanks,
Dinesh Divekar