Dear Seniors,
I would like to ask, can we terminate a Manager who had 2 affairs in our office and both the employees (Executive) have given written complaints against him? When we received the first complaint saying that he is mentally harassing as he is carrying on with another employee, the company gave him a verbal warning as it was a consensual relationship and not covered under POSH. Now, we have received a second complaint from another employee stating that he cheated her and also disclosed information about the company, new processes, etc. He has made false allegations against the Directors and other Managers as well.
Kindly guide me on the grounds on which we can take action and if we can terminate him.
Please reply.
From India, Mumbai
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I would like to ask, can we terminate a Manager who had 2 affairs in our office and both the employees (Executive) have given written complaints against him? When we received the first complaint saying that he is mentally harassing as he is carrying on with another employee, the company gave him a verbal warning as it was a consensual relationship and not covered under POSH. Now, we have received a second complaint from another employee stating that he cheated her and also disclosed information about the company, new processes, etc. He has made false allegations against the Directors and other Managers as well.
Kindly guide me on the grounds on which we can take action and if we can terminate him.
Please reply.
From India, Mumbai
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Hi! Look at your labor laws and the internal rules and regulations of the company covering the matters that you mentioned. Then act correspondingly based on them. Best regards.
From Philippines, Parañaque
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95From Philippines, Parañaque
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Yes, you can. However, you need to take the proper steps. The first thing is to issue a suspension and revoke all his data access and right to files.
You need to speak to your lawyer to see if this is a criminal case. If your directors wish to pursue it, then file an FIR.
Next, you need to initiate a domestic inquiry both under the standing orders and under POSH, and proceed accordingly. Termination is an acceptable penalty for the misconduct you claim he is guilty of. Ensure that the rules are properly followed in both cases, including the rules of natural justice.
From India, Mumbai
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You need to speak to your lawyer to see if this is a criminal case. If your directors wish to pursue it, then file an FIR.
Next, you need to initiate a domestic inquiry both under the standing orders and under POSH, and proceed accordingly. Termination is an acceptable penalty for the misconduct you claim he is guilty of. Ensure that the rules are properly followed in both cases, including the rules of natural justice.
From India, Mumbai
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Does so-called cheating come under sexual harassment at work? I do not think so. If you stick to the cheating element, I do not think there is any case.
Can a company file a case for cheating in terms of a relationship with the employee based on the allegation of an employee? It is better if the concerned female employee takes action against him if required.
It is better to start proceedings under the Prevention of Sexual Harassment Act, and based on the report of the internal committee, you can take necessary steps.
From India, Kolkata
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Can a company file a case for cheating in terms of a relationship with the employee based on the allegation of an employee? It is better if the concerned female employee takes action against him if required.
It is better to start proceedings under the Prevention of Sexual Harassment Act, and based on the report of the internal committee, you can take necessary steps.
From India, Kolkata
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Ritesh There is a case here of the manager revealing Comoany trade secrets and processes to an outsider (Competitor perhaps ?) I was referring to filing a case for that
From India, Mumbai
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From India, Mumbai
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I smell some artificiality in your query. You have not mentioned in what capacity of yours in the company you have asked the query.
Anyhow, false or true allegation, you will have to go through the process given prescribed under POSH. You don't have any right to straightaway terminate the manager on that count. The charge has to be proved by the accuser.
Secondly, as against the title of your query, nowhere in your description of the query have you mentioned anything about the revelation of business information of the company and to whom? Discuss if you have any proof about that.
From India, Delhi
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Anyhow, false or true allegation, you will have to go through the process given prescribed under POSH. You don't have any right to straightaway terminate the manager on that count. The charge has to be proved by the accuser.
Secondly, as against the title of your query, nowhere in your description of the query have you mentioned anything about the revelation of business information of the company and to whom? Discuss if you have any proof about that.
From India, Delhi
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The facts mentioned and the tone and tenor of the query suggest that the allegation of 'affairs' is an afterthought or invention. Prima facie, the issue appears to be something else and the POSH is being tried to get rid of the inconvenient employee.
Please let me know if you need further assistance or clarification.
From India, Kochi
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Please let me know if you need further assistance or clarification.
From India, Kochi
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Dear All,
Thank you very much for your replies.
I am working as an HR Manager in a BPO. We have a sales outbound process. The query I have raised is about our Sales Manager who had an affair with one of our employees (Executive). After some time, he started an affair with another new joiner (Executive), so the first employee complained that she can't concentrate and is not able to perform because of their actions and behavior in the office. However, it was a consensual relationship, so we have just counselled him for not engaging in such behavior in the office.
Now, we have received a complaint from the second employee (new joiner) saying that he cheated her, as they started a relationship but he hid his affairs, which she later found out about. Additionally, he is trying with another new joiner. She raised a question about how the company can stop this person from approaching new joiners for relationships. He is not using his designation power directly, but indirectly he is doing so. His actions are tarnishing the company's reputation, and no female would like to work in such an environment. On this issue, the company has decided that since it is again a consensual relationship, we can't take action on her allegations of him cheating on her.
However, the employee has also come forward with a complaint that the Sales Manager revealed some information about processes and business secrets to her. He informed her about new processes starting and that bosses would be shifting him there for 15 days. He falsely claimed that one of our branches is going to shut down due to lack of profits. He also mentioned that our Directors are taking salaries and not profits (when the previous HR left, Sales Managers used to handle Payroll, so he had access to salary data).
He promised both Executives involved in the relationships that he would take them into the new processes and assist them in call escalations if needed. He accepted favors in the form of money from them, which violates our policy.
The Sales Manager also told both Executives that another Manager is playing dirty mind games and is biased. He claimed that the Directors are biased too and would favor the other Manager for promotion. When confronted about this in front of the Director, he merely apologized.
He informed her that when the first employee submitted a written complaint, the Directors instructed him to convince her to withdraw it. However, she did not retract it. He also relayed the same message to the other employee (with whom he had a second affair), falsely implicating the Directors.
Moreover, he disclosed to both employees that the company cannot take any action against him as it is a personal matter and not official. He stated that he would make advances towards any female employees who joined the company.
I have provided a comprehensive overview of the situation. My Directors are considering termination, but it must be done in accordance with the law.
Kindly guide me on this matter.
I appreciate your guidance.
From India, Mumbai
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Thank you very much for your replies.
I am working as an HR Manager in a BPO. We have a sales outbound process. The query I have raised is about our Sales Manager who had an affair with one of our employees (Executive). After some time, he started an affair with another new joiner (Executive), so the first employee complained that she can't concentrate and is not able to perform because of their actions and behavior in the office. However, it was a consensual relationship, so we have just counselled him for not engaging in such behavior in the office.
Now, we have received a complaint from the second employee (new joiner) saying that he cheated her, as they started a relationship but he hid his affairs, which she later found out about. Additionally, he is trying with another new joiner. She raised a question about how the company can stop this person from approaching new joiners for relationships. He is not using his designation power directly, but indirectly he is doing so. His actions are tarnishing the company's reputation, and no female would like to work in such an environment. On this issue, the company has decided that since it is again a consensual relationship, we can't take action on her allegations of him cheating on her.
However, the employee has also come forward with a complaint that the Sales Manager revealed some information about processes and business secrets to her. He informed her about new processes starting and that bosses would be shifting him there for 15 days. He falsely claimed that one of our branches is going to shut down due to lack of profits. He also mentioned that our Directors are taking salaries and not profits (when the previous HR left, Sales Managers used to handle Payroll, so he had access to salary data).
He promised both Executives involved in the relationships that he would take them into the new processes and assist them in call escalations if needed. He accepted favors in the form of money from them, which violates our policy.
The Sales Manager also told both Executives that another Manager is playing dirty mind games and is biased. He claimed that the Directors are biased too and would favor the other Manager for promotion. When confronted about this in front of the Director, he merely apologized.
He informed her that when the first employee submitted a written complaint, the Directors instructed him to convince her to withdraw it. However, she did not retract it. He also relayed the same message to the other employee (with whom he had a second affair), falsely implicating the Directors.
Moreover, he disclosed to both employees that the company cannot take any action against him as it is a personal matter and not official. He stated that he would make advances towards any female employees who joined the company.
I have provided a comprehensive overview of the situation. My Directors are considering termination, but it must be done in accordance with the law.
Kindly guide me on this matter.
I appreciate your guidance.
From India, Mumbai
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Firstly, you will have to investigate (in a fair manner and without bias) the truth in allegations vis-a-vis the behavior of the Manager. If you find the allegations are true and the behavior is unbecoming, certainly you can issue a charge sheet, ask for an explanation and give him a reasonable opportunity to defend himself, conduct an inquiry, and make a proper decision. (The entire procedure of the Inquiry cannot be elaborated here).
As learned member Mr. Saswata Banerjee already pointed out, you will have to suspend his powers, etc., even to his entry in the office and all such necessary steps. It may be suggested that, for a Manager, the Company can terminate his services at any time and question why any inquiry is necessary at all. However, please note that when any person is removed with charges or stigma, he must be allowed to defend himself. Otherwise, if the termination is challenged by the Manager in any Civil Court, the Company will have a tough task to justify its action.
From India, Kolhapur
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As learned member Mr. Saswata Banerjee already pointed out, you will have to suspend his powers, etc., even to his entry in the office and all such necessary steps. It may be suggested that, for a Manager, the Company can terminate his services at any time and question why any inquiry is necessary at all. However, please note that when any person is removed with charges or stigma, he must be allowed to defend himself. Otherwise, if the termination is challenged by the Manager in any Civil Court, the Company will have a tough task to justify its action.
From India, Kolhapur
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Thank you very much for your reply, Sir.
We have already given him a chance to defend himself, and he confessed in front of one of our directors. Please guide me on the procedure we need to follow now. Should I take a signature on the document I prepared, mentioning that he was found guilty of false allegations against another manager and revealed information, or should I just keep the document in records? Can the company terminate him based on his confession, or should we only suspend him?
Please guide me.
From India, Mumbai
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We have already given him a chance to defend himself, and he confessed in front of one of our directors. Please guide me on the procedure we need to follow now. Should I take a signature on the document I prepared, mentioning that he was found guilty of false allegations against another manager and revealed information, or should I just keep the document in records? Can the company terminate him based on his confession, or should we only suspend him?
Please guide me.
From India, Mumbai
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If he has confessed, get his statement in writing. If not, issue a letter referring to the confession he made to the director and the false allegation he has made. Ask for his explanation of why suitable disciplinary action should not be taken against him. Give him a timeline to reply, maybe 7 days. Suspend him pending investigations and remove his access to any electronic databases.
You need to properly organize written proof of him leaking company information. If you have the proof, when you receive his explanation, if he does not accept his fault, you may have to proceed with an inquiry. If you have solid proof, then you can terminate him. If he accepts the fault, then there is no issue of termination. However, depending on the gravity of the offense, you can take legal action on criminal charges. If it is that serious, you can inform him that if he resigns, you would drop the criminal charges. This may push him to resign, reducing your burden.
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You need to properly organize written proof of him leaking company information. If you have the proof, when you receive his explanation, if he does not accept his fault, you may have to proceed with an inquiry. If you have solid proof, then you can terminate him. If he accepts the fault, then there is no issue of termination. However, depending on the gravity of the offense, you can take legal action on criminal charges. If it is that serious, you can inform him that if he resigns, you would drop the criminal charges. This may push him to resign, reducing your burden.
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Thanks a lot for your reply. I am really grateful for your guidance. Can anyone provide me the format of chargesheet or show cause Letter for this case. Please reply. Thanks
From India, Mumbai
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From India, Mumbai
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Dear All,
I would like to ask for how many days we can suspend the Manager once found guilty. Also, as mentioned in the previous reply about suspension, can we suspend a person after receiving a complaint, or should we wait until proving him guilty before suspension?
Kindly reply.
From India, Mumbai
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I would like to ask for how many days we can suspend the Manager once found guilty. Also, as mentioned in the previous reply about suspension, can we suspend a person after receiving a complaint, or should we wait until proving him guilty before suspension?
Kindly reply.
From India, Mumbai
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Dear All,
I do not see any labor law difficulty in terminating such a manager as he does not fall under the definition of a workman. Even you can terminate such a manager instantly by giving him one or two months' notice pay in lieu of the notice, as stated in the employment agreement. The office is not a place for romance, and coworkers are definitely off-limits for official information, which is privy only to a few senior staff members.
It is management's call if they want to terminate such a manager who is spoiling the office environment. There are no legal limitations in doing so. Just give him notice pay, and you will be good to go. You do not even need to hold an inquiry. Simply state that his services are no longer required and attach his full and final payment with it. Such individuals lead to a toxic office environment that must not be tolerated at any cost. The situation would have been different if he were a workman.
From India, New Delhi
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I do not see any labor law difficulty in terminating such a manager as he does not fall under the definition of a workman. Even you can terminate such a manager instantly by giving him one or two months' notice pay in lieu of the notice, as stated in the employment agreement. The office is not a place for romance, and coworkers are definitely off-limits for official information, which is privy only to a few senior staff members.
It is management's call if they want to terminate such a manager who is spoiling the office environment. There are no legal limitations in doing so. Just give him notice pay, and you will be good to go. You do not even need to hold an inquiry. Simply state that his services are no longer required and attach his full and final payment with it. Such individuals lead to a toxic office environment that must not be tolerated at any cost. The situation would have been different if he were a workman.
From India, New Delhi
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Dear Shri Kamal Kant Tyagi,
If you please don't mind, being an advocate, your advice should not have been suggestive of an ex-parte judgment on the part of the management. An allegation can be true or false. Concerning the spoilage of the office environment, it can worsen if a wrong accuser is given undue support without proper investigation. This can set a precedent for any other female worker to make false accusations against her superiors without justification if she is reprimanded for her inefficiency.
Although the manager can be terminated at any time without showing cause, in the event of a serious allegation under POSH, it is crucial for the management to fulfill its duties and responsibilities with due diligence by providing a fair hearing to the accused before taking any punitive action. Failure to investigate such incidents properly can not only impact productivity but also expose the HR department to criticism for bias and prejudice. I firmly believe that HR must maintain proper checks and balances when handling such cases before reaching a rational conclusion. Therefore, a mere allegation should not suffice for the termination of a manager; it must be proven beyond any doubt.
Thank you.
Best regards,
[Your Name]
From India, Delhi
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If you please don't mind, being an advocate, your advice should not have been suggestive of an ex-parte judgment on the part of the management. An allegation can be true or false. Concerning the spoilage of the office environment, it can worsen if a wrong accuser is given undue support without proper investigation. This can set a precedent for any other female worker to make false accusations against her superiors without justification if she is reprimanded for her inefficiency.
Although the manager can be terminated at any time without showing cause, in the event of a serious allegation under POSH, it is crucial for the management to fulfill its duties and responsibilities with due diligence by providing a fair hearing to the accused before taking any punitive action. Failure to investigate such incidents properly can not only impact productivity but also expose the HR department to criticism for bias and prejudice. I firmly believe that HR must maintain proper checks and balances when handling such cases before reaching a rational conclusion. Therefore, a mere allegation should not suffice for the termination of a manager; it must be proven beyond any doubt.
Thank you.
Best regards,
[Your Name]
From India, Delhi
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Dear Sir,
As I have already mentioned, the Manager has confessed to certain things in front of one of our Directors. So, the allegations made by the Executives are not false. My query is: can we terminate him on these grounds because the action is always based on the severity of the offense?
He revealed some information to the female employees that was discussed only with the bosses in the cabin. One of my Directors feels that the information he revealed is not so important. However, the other Director said he should not share any information, whether it's important or not, it doesn't matter.
Having affairs is a personal and consensual relationship, so for cheating in a relationship, we can't take action (we wish to take action as he is not stopping with just one girl. He is approaching female employees very smartly. He seems to know about POSH, as he bluntly said that the company can't take any action, unfortunately, which is true).
However, he revealed information about new processes and also told both females that he will take them in once it starts when he was in a relationship with them. Based on this, I raised my query about his suspension or termination.
Kindly guide me on whether we can terminate him, or if we suspend him, for how many days we can suspend him.
From India, Mumbai
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As I have already mentioned, the Manager has confessed to certain things in front of one of our Directors. So, the allegations made by the Executives are not false. My query is: can we terminate him on these grounds because the action is always based on the severity of the offense?
He revealed some information to the female employees that was discussed only with the bosses in the cabin. One of my Directors feels that the information he revealed is not so important. However, the other Director said he should not share any information, whether it's important or not, it doesn't matter.
Having affairs is a personal and consensual relationship, so for cheating in a relationship, we can't take action (we wish to take action as he is not stopping with just one girl. He is approaching female employees very smartly. He seems to know about POSH, as he bluntly said that the company can't take any action, unfortunately, which is true).
However, he revealed information about new processes and also told both females that he will take them in once it starts when he was in a relationship with them. Based on this, I raised my query about his suspension or termination.
Kindly guide me on whether we can terminate him, or if we suspend him, for how many days we can suspend him.
From India, Mumbai
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Dear Anonymous,
Confession in a personal discussion between two persons and a written confession are two distinct things. You have claimed to be an HR Manager, but, please don't mind, your inept and raw descriptions of the events so far indicate something else about you.
So, it would be better to read the act and rules on sexual harassment and act according to the process prescribed therein. However, if you are inclined not to follow any legal method, you may better use your own wisdom in the matter.
From India, Delhi
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Confession in a personal discussion between two persons and a written confession are two distinct things. You have claimed to be an HR Manager, but, please don't mind, your inept and raw descriptions of the events so far indicate something else about you.
So, it would be better to read the act and rules on sexual harassment and act according to the process prescribed therein. However, if you are inclined not to follow any legal method, you may better use your own wisdom in the matter.
From India, Delhi
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Suspend. Investigate. Chargesheet. Get his reply; if he agrees, punish him. If not, make one Inquiry committee headed by a grade one senior to him. Put forth management's defense. Let him defend himself through one employee or personally. Obtain the decision of the Inquiry officer. Then, proceed with the punishment. However, all actions should be in accordance with your HR policy.
From India, Ahmedabad
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From India, Ahmedabad
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Such acts of executives should be handled with an iron hand. Taking a transparent action under POSH would save the reputation of the organization as well as send a message to the other employees working in the organization. If the allegation is proved in the ICC enquiry, heavy penalties should be imposed on the delinquent in addition to removal from employment.
From India, Mumbai
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From India, Mumbai
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Agree with suggestions by ED Larena, Ritesh & K. Kulkarni. Steps should be as follows:
1) Verify the allegation impartially.
2) Depending on the outcome, revoke the authorizations so that the culprit cannot influence the situation.
3) Give both individuals a chance to defend themselves. (Using the word "HER" as at this stage you cannot name the accused.)
4) Clearly document the confession (on paper or recording).
5) In any case, this does not appear to be a sexual harassment or business secrets revelation situation since the information was not shared outside the company. Please review your company's internal rules and regulations. Do they address sharing information among colleagues?
6) Charges may only be related to business ethics and the code of conduct.
7) Based on concrete evidence and confirmation, the culprit can be terminated.
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1) Verify the allegation impartially.
2) Depending on the outcome, revoke the authorizations so that the culprit cannot influence the situation.
3) Give both individuals a chance to defend themselves. (Using the word "HER" as at this stage you cannot name the accused.)
4) Clearly document the confession (on paper or recording).
5) In any case, this does not appear to be a sexual harassment or business secrets revelation situation since the information was not shared outside the company. Please review your company's internal rules and regulations. Do they address sharing information among colleagues?
6) Charges may only be related to business ethics and the code of conduct.
7) Based on concrete evidence and confirmation, the culprit can be terminated.
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Agree with suggestions by ED Larena, Ritesh, and K. Kulkarni. Steps should be as follows:
1) Verify the allegation, unbiased.
2) Depending upon the result, revoke the authorizations so that the culprit should not be able to affect the scene.
3) Give both of them a chance to defend themselves. (Using the word "her" as at this stage you cannot name the accused).
4) Document the confession very clearly (on paper or on recording).
5) In any case, this does not seem to be a sexual harassment case, nor is it about revealing business secrets because he has not passed the information outside the company. Please check the internal rules and regulations of your company. Does it mention anything about sharing information among colleagues?
6) Charges can be of business ethics and code of conduct only.
7) Based on this, with complete evidence and confirmation in hand, the culprit can be terminated.
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1) Verify the allegation, unbiased.
2) Depending upon the result, revoke the authorizations so that the culprit should not be able to affect the scene.
3) Give both of them a chance to defend themselves. (Using the word "her" as at this stage you cannot name the accused).
4) Document the confession very clearly (on paper or on recording).
5) In any case, this does not seem to be a sexual harassment case, nor is it about revealing business secrets because he has not passed the information outside the company. Please check the internal rules and regulations of your company. Does it mention anything about sharing information among colleagues?
6) Charges can be of business ethics and code of conduct only.
7) Based on this, with complete evidence and confirmation in hand, the culprit can be terminated.
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Please do terminate the employee as per the legal terms & conditions. Any haressement against female needs to counted seriously to uphold the confidence of other employee in the system.
From India, Madurai
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From India, Madurai
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Dear All,
Thanks a lot for your replies.
Dear Priti,
I would like to thank you for your guidance and for providing me with a plan of action.
I raised this query because one of my Directors is in favor of the Sales Manager as he has been with him for many years, and he has been with this company since its inception. There is an emotional attachment involved. Before taking any action, I have to consider this and have to convince, or you could say, have to prove that the action is required as per the law. When I received the first complaint and asked the employee to provide a written complaint, my Director was not happy about receiving the written complaint. He mentioned that I was stretching it. He instructed the Manager to resolve the issue by persuading the employee to withdraw the complaint.
In this case, they did not involve me for two days and attempted to resolve the issue at their level. However, when the female employee was not willing to retract her complaint and insisted on providing it in writing, I was brought into the situation. This was simply because I adhere to labor laws, rules, and regulations.
Being in a managerial position, I also understand that a verbal confession during a personal discussion and a written confession are two distinct things. I simply wanted to seek the opinion of seniors as I am not receiving support from the Management.
Thank you very much for your guidance.
From India, Mumbai
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Thanks a lot for your replies.
Dear Priti,
I would like to thank you for your guidance and for providing me with a plan of action.
I raised this query because one of my Directors is in favor of the Sales Manager as he has been with him for many years, and he has been with this company since its inception. There is an emotional attachment involved. Before taking any action, I have to consider this and have to convince, or you could say, have to prove that the action is required as per the law. When I received the first complaint and asked the employee to provide a written complaint, my Director was not happy about receiving the written complaint. He mentioned that I was stretching it. He instructed the Manager to resolve the issue by persuading the employee to withdraw the complaint.
In this case, they did not involve me for two days and attempted to resolve the issue at their level. However, when the female employee was not willing to retract her complaint and insisted on providing it in writing, I was brought into the situation. This was simply because I adhere to labor laws, rules, and regulations.
Being in a managerial position, I also understand that a verbal confession during a personal discussion and a written confession are two distinct things. I simply wanted to seek the opinion of seniors as I am not receiving support from the Management.
Thank you very much for your guidance.
From India, Mumbai
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Dear Anonymous,
If your intention is to avoid future litigations on the issue by the sales manager, then get his explanation in writing. Get a complaint from the female employee and forward it to the Internal Complaints Committee. Initiate a domestic inquiry, treat sexual harassment as misconduct under the service rules, and initiate action for misconduct. Terminate him by giving a notice period and pay his final settlement.
From India, Vellore
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If your intention is to avoid future litigations on the issue by the sales manager, then get his explanation in writing. Get a complaint from the female employee and forward it to the Internal Complaints Committee. Initiate a domestic inquiry, treat sexual harassment as misconduct under the service rules, and initiate action for misconduct. Terminate him by giving a notice period and pay his final settlement.
From India, Vellore
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There is an interesting aspect to all of this that we seem to have overlooked. This is a complaint by 2 female employees against a manager who has the right and power to have them removed from their job. So, the matter is not necessarily of a mutual consent sexual relationship. The employees have made written complaints (Though we don't know the contents of the complaint). Can the company actually avoid putting this before the POSH committee? Wouldn't it have an adverse effect on the company and make them liable under the act for suppression of the complaint? Whether it is an offence or consensual is something the POSH committee can decide after investigation and hearing all sides. Else, if the matter goes to the district committee or becomes a police complaint, the consequences can be bad for the directors who will be considered a party.
From India, Mumbai
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From India, Mumbai
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Dear All,
Thank you for your replies and guidance. The Sales Manager resigned on his own. However, the complainants are asking what if he comes back. As I mentioned, one of our Directors is in favor of him and is currently out of town, so further action will be taken upon his return.
Once again, thank you for your guidance and support. I agree with Mr. Banerjee that this matter is not necessarily about a mutual consent sexual relationship, as we have received complaints from 2 employees against the same Manager. He is tarnishing the company's reputation and creating a hostile environment in the office. I am in favor of taking strict action against him.
I will follow the action plan provided by Ms. Priti and Mr. L.K. Saravanan when the Director calls him in and give him a chance to defend himself.
Thanks & regards.
From India, Mumbai
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Thank you for your replies and guidance. The Sales Manager resigned on his own. However, the complainants are asking what if he comes back. As I mentioned, one of our Directors is in favor of him and is currently out of town, so further action will be taken upon his return.
Once again, thank you for your guidance and support. I agree with Mr. Banerjee that this matter is not necessarily about a mutual consent sexual relationship, as we have received complaints from 2 employees against the same Manager. He is tarnishing the company's reputation and creating a hostile environment in the office. I am in favor of taking strict action against him.
I will follow the action plan provided by Ms. Priti and Mr. L.K. Saravanan when the Director calls him in and give him a chance to defend himself.
Thanks & regards.
From India, Mumbai
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Dear,
Firstly, you need to take his written confession about his work, and that should be in front of the respective police in charge. Otherwise, the employee will be able to take legal action by saying that he was under pressure from seniors to write this, and if not, the seniors will dismiss him from the company. After that, the company should formally make a complaint regarding the actual issue. Then, as per the sexual harassment rules, you can fire him. However, a written complaint is required from both female employees because this is evidence that will show your intention for termination.
From India, New Delhi
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Firstly, you need to take his written confession about his work, and that should be in front of the respective police in charge. Otherwise, the employee will be able to take legal action by saying that he was under pressure from seniors to write this, and if not, the seniors will dismiss him from the company. After that, the company should formally make a complaint regarding the actual issue. Then, as per the sexual harassment rules, you can fire him. However, a written complaint is required from both female employees because this is evidence that will show your intention for termination.
From India, New Delhi
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