Owaiz Raza
Respected Sir,
With reference to the above mentioned sub, I would like to state that one of my lower level staffs sexually tortured one of our staff by catching the private parts by taking the benefit of crowd at attendance punching time. Is this case should be taken as a sexual harassment or attempt to rape & under which section we can remove him.
The victim staff has requested to us by mail requesting "after taking a deep decision, taking out any other resolution may give him the chance to act same. As it is the matter of my Dignity".
(Admin Executive)
Gujrat India

From India, Mumbai
Ankita1001
737

Do you have a policy that states what to do in such case?
The case you mentioned is a harassment case and in our policy we analyze the case and if a person is found guilty we terminate the employee on immediate grounds and see to it that no other victimize the victim by making her feel inferior or by traumatizing her.
Do you have any proof? If your premises have camera that has captured the event, that is enough evidence against the person and acts as a proof.
Such cases usually are taken seriously. Again I would suggest that the best person you could seek advice from is your ceo.
Report the whole incident to your ceo mentioning everything. Ask the victim if any inappropriate comments were passed by the person. Take all details and report to ceo.

From India, Mumbai
Sharmila Das
990

Dear Owaiz Raza,
There has been many cases on Sexual Harasments/ Molestations/ Rape in the companies as such even now and then -- It has become now a [ZERO TOLERANCE FACTOR]
Eventhough, many other organizations have mend policies & improved teams for observations nothing has been surpassed.
The solution to your query is as the crow flies (direct) -- there ain't any second chance to culprits, no corraboration, ask the lady to place a complaint against him (FIR), if she has relevant proves to support her issue would definitely help her rather as employers don't back step, support her to the core as she desires. Please understand, A women needs more security as the predominat situation demands.
Can you please clarify ["taking out any other resolution may give him the chance to act same. As it is the matter of my Dignity"] this statement coz i've not understood what was this meant by the victim? Thanks!

From India, Visakhapatnam
manojsingh.knp
12

Do Agree with Mr. Negi....... But after getting the complain HR should keep eye watch for such incidences for further action. Manoj
From India, Shimla
Santosh_Nayak
89

Dear Govind,
What you said is right, but the members (Sharmila & Ankita) are just showing the way to dealing with the issue if proved.
A strict action must be taken against the culprit, not only termination but he must be handed over to the police for further actions if he found guilty.
Sexual Harasments/ Molestations cases are the initial steps of these (white colord) animals towards rape................... They must be punished publicly so that others should not think about doing this type of cannibalism.
This things are happening in all companies, thanks to that girls who step forward and take this issue out..........

From India, Calcutta
loginmiracle
362

Dear Raza,

It is very sad to hear such things happening in the highly civilized society, that too in a working spot, with full view of others. Sad, very sad. As a human I bow my head in shame.

Now, "there was a crowd during the punching time" I suppose atleast someone other than the victim should have noticed the incident. She didn't raise any alarm at that instantaneously, why ? it is understood this was to protect her modesty. Nothing like if a footage from the CCTV is available. But what for she should wait till now, it is already late to raise a complaint even if there is an eye witness. You don't have any union ? or staff council. If there is no strong eye witness I suggest first she should complain to the union rep., if necessary in writing and if possible give a written complaint to the HR/CEO straight away, come what may. After all there was such a barbaric attempt by a psycho (if I'm not mistaken) and he should be shown what he must deserve. Let the inquiry fail for want of evidence, atleast he would be exposed so that others will be saved and repetition is avoided. On the other hand if it were to be a mere story ? well it is anybody's guess. It may be prudent to investigate about his past, both at the work place and outside in order to have a prima facie opinion on the incident to proceed further.

kumar.s.

From India, Bangalore
stalinb
Dear Owaiz,
First of all, forward the complaint to your superiors including CEO/MD etc.
Second, talk with the alleged wrong doer. If he accepts his mistake or you have evidence to prove him guilty, take/recommend strictest possible action by your management (including termination). Also, advise the female employee to file a police complaint. (so that he may not dare to take further revenge)
Third, if the alleged wrong doer does not accept his mistake, and you have no evidence to prove him guilty, let the matter be taken to police station.
Just by hearing a complaint from one person, we cannot conclude that alleged person is guilty.

From India, Thana
Gurgaon HR
94

Dear Mr. Raja,
Calm yourself and don't get angry in taking decision otherwise your decision will go bias.
Take the complaint in writing from her.
On that bases ask for the explanation from him.
Check for any witness of the incident and check the camera footage (if available).
Prepare your report with comments and support.
Involve your senior management for action plan
Take action with no second chance (if the person is guilty)
Chill HR !!

From India, Gurgaon
muralikandukuri
30

Dear Raza,
Outraging modesty of woman in any circumstances is not excusable.
1. As advised first get the complaint tin writing from the lady so that she does not o back on her complaint.
2. Secondly call the alleged employee and scare him that he better accept if he is guilty or the same complaint will be sent to police and police will take action.Please get the witness letters if there are any.
3. Once he agrees that he made a mistake, let him put the same in writing.
4. This way you have all documents in place and a decision by Management can tale appropriate action

From India, Chennai
sb076
3

My suggestion to HR team to prevent/ handle this incidence, they should inform all the female employess that if they face this type of incidence at work place ( which include offsite, official party) they should raise the alarm at the first instance and the office will provide all the support to them. More the delay more doubt will raise about genuineness of the incident.
I know one lady has brought false charge against her boss simply becasuse she had denied promotion.
We need to make the employess aware (may be through HR manual, Dos or Don't) about what they should do to make their case strong.

From India, Mumbai
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