Risks of a Subordinate Accepting Her Superior's Offer to Stay in His House as a Tenant? Learning Lessons with PoSH Case-Study No. 04
What are the risks when a subordinate accepts her male superior's offer to stay in his house as a tenant?
Case-in Brief:
Nindro's apprehensions materialized when her HOD gave her a pink slip citing market constraints due to the COVID-19 pandemic, informing her that with immediate effect she stood relieved of her duties and her employment. Naturally, Ms. Nindro was in utter shock and speechless.
Ms. Nindro was born and brought up in Singapore and had completed her post-graduate studies there. She secured her dream job by virtue of her merit. After her parents' passing, she found herself alone. The sudden termination of her employment added to her predicament.
Relieved from the workplace immediately, her usual placid nature was no longer evident. She frantically posted her resume with her photo for a job back in her ancestral home in India. A job was offered, and she flew back to join duty in a small town.
Meanwhile, she asked her interviewer, who was to be her HOD and direct superior, to help her finalize suitable rental room accommodation.
Her HOD promptly offered her to temporarily stay in his two-storey house, close to the main road. She accepted his offer after checking on the phone and knowing that his wife lived with him with their six-month-old baby. On arrival, she found him at the small town railway station to receive her and help her with baggage. She was accommodated in a small-sized room with an attached bathroom and a balcony, suitable for the time being until she found alternate accommodation.
Days passed, and her search for a good rental room eluded her. Meanwhile, she joined her new employment. He would ask her to accompany him to house-hunting on his scooter, even during office hours. At home, he would invite her to watch TV with his family, have tea and dinner, while his wife tended to her baby. He tried to be cozy and close to her on different pretexts. His possessive behavior caused her acute anxiety and agony, affecting her workplace conduct, noticed by her women colleagues. His intrusion on her privacy, particularly during late evenings, became a cause for her apprehensions.
Encouraged by her female colleagues, who confided in her about his attempted advances with women other than his wife, Ms. Nindro personally met the MD and narrated her plight.
The MD realized he had not yet constituted an internal committee for his workplace establishment, which employed nearly one hundred employees, predominantly women. In consultation with competent PoSH enablers, he immediately notified the constitution of an internal committee for the workplace.
Points-to-Ponder and Learning Lessons:
1. What action steps should the employer/the MD have taken in this case?
2. Should there be an office order or a service rule that prohibits employees from offering or accepting rental accommodation to/from another employee of the same workplace? Violation of this rule shall be deemed an act of misconduct, leading to disciplinary action, including punishment.
3. Should any female subordinate accept an offer to stay in the same house as her superior, even if it is offered temporarily?
Readers' valuable feedback shall serve as an effective deterrent to such unwelcome occurrences. We, Kritarth Team, are here and ready to help you comply with all provisions of the PoSH Act 2013.
Harsh K Sharan, XLRI Alumnus, Kritarth Consulting Pvt Ltd. Team of special educators conducts mandatory programs for IC members and mandatory employees' sensitization & awareness programs, reportable in ICs annual report for each calendar year. www.kritarth.in Please read Kritarth Blog titled Insight. [Email Removed For Privacy Reasons], [Email Removed For Privacy Reasons], [Email Removed For Privacy Reasons]. Bloggers Pages: https://holistichr.blogspot.com....https://holistic-hr.blogspot.com. 19th November 2022.
#allaboutposh #holistichr #PoshChampions #BubleBee #Scarecrow #PoshCaseStudies #PoshinHindi #PoshPartners #PoshForEver
From India, Delhi
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206What are the risks when a subordinate accepts her male superior's offer to stay in his house as a tenant?
Case-in Brief:
Nindro's apprehensions materialized when her HOD gave her a pink slip citing market constraints due to the COVID-19 pandemic, informing her that with immediate effect she stood relieved of her duties and her employment. Naturally, Ms. Nindro was in utter shock and speechless.
Ms. Nindro was born and brought up in Singapore and had completed her post-graduate studies there. She secured her dream job by virtue of her merit. After her parents' passing, she found herself alone. The sudden termination of her employment added to her predicament.
Relieved from the workplace immediately, her usual placid nature was no longer evident. She frantically posted her resume with her photo for a job back in her ancestral home in India. A job was offered, and she flew back to join duty in a small town.
Meanwhile, she asked her interviewer, who was to be her HOD and direct superior, to help her finalize suitable rental room accommodation.
Her HOD promptly offered her to temporarily stay in his two-storey house, close to the main road. She accepted his offer after checking on the phone and knowing that his wife lived with him with their six-month-old baby. On arrival, she found him at the small town railway station to receive her and help her with baggage. She was accommodated in a small-sized room with an attached bathroom and a balcony, suitable for the time being until she found alternate accommodation.
Days passed, and her search for a good rental room eluded her. Meanwhile, she joined her new employment. He would ask her to accompany him to house-hunting on his scooter, even during office hours. At home, he would invite her to watch TV with his family, have tea and dinner, while his wife tended to her baby. He tried to be cozy and close to her on different pretexts. His possessive behavior caused her acute anxiety and agony, affecting her workplace conduct, noticed by her women colleagues. His intrusion on her privacy, particularly during late evenings, became a cause for her apprehensions.
Encouraged by her female colleagues, who confided in her about his attempted advances with women other than his wife, Ms. Nindro personally met the MD and narrated her plight.
The MD realized he had not yet constituted an internal committee for his workplace establishment, which employed nearly one hundred employees, predominantly women. In consultation with competent PoSH enablers, he immediately notified the constitution of an internal committee for the workplace.
Points-to-Ponder and Learning Lessons:
1. What action steps should the employer/the MD have taken in this case?
2. Should there be an office order or a service rule that prohibits employees from offering or accepting rental accommodation to/from another employee of the same workplace? Violation of this rule shall be deemed an act of misconduct, leading to disciplinary action, including punishment.
3. Should any female subordinate accept an offer to stay in the same house as her superior, even if it is offered temporarily?
Readers' valuable feedback shall serve as an effective deterrent to such unwelcome occurrences. We, Kritarth Team, are here and ready to help you comply with all provisions of the PoSH Act 2013.
Harsh K Sharan, XLRI Alumnus, Kritarth Consulting Pvt Ltd. Team of special educators conducts mandatory programs for IC members and mandatory employees' sensitization & awareness programs, reportable in ICs annual report for each calendar year. www.kritarth.in Please read Kritarth Blog titled Insight. [Email Removed For Privacy Reasons], [Email Removed For Privacy Reasons], [Email Removed For Privacy Reasons]. Bloggers Pages: https://holistichr.blogspot.com....https://holistic-hr.blogspot.com. 19th November 2022.
#allaboutposh #holistichr #PoshChampions #BubleBee #Scarecrow #PoshCaseStudies #PoshinHindi #PoshPartners #PoshForEver
From India, Delhi
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This is indeed a critical case that involves multiple aspects such as sexual harassment, employee rights, and the importance of establishing a safe and professional work environment.
To answer your queries:
1. The employer/MD should have taken the following steps:
- Immediate Action: As soon as the issue was brought to his attention, the MD should have ensured the safety of Ms. Nindro by arranging alternate accommodation for her and ensuring a safe work environment.
- Investigation: The MD should have initiated an immediate investigation into the matter.
- Internal Committee: An internal committee should have been set up as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, even before any such incident occurred. The committee should have been equipped to handle such cases and provide redressal.
- Disciplinary Action: If the superior is found guilty, strict disciplinary action should be taken, which could range from a written warning to termination, depending on the severity of the misconduct.
2. As an HR best practice, it would be advisable to have a policy that discourages employees from entering personal arrangements such as offering or accepting rental accommodation, especially between superiors and subordinates. This can help avoid potential conflicts of interest and maintain a professional work environment.
3. While it's not illegal for a female subordinate to accept an offer to stay in her superior's house, it's generally not advisable. It can lead to potential conflicts of interest, power dynamics, and possibly create situations that could lead to harassment or uncomfortable situations.
Remember, HR's job is to create a safe and respectful workplace environment. Any form of harassment should not be tolerated. It's crucial to set up mechanisms to prevent such situations and handle them efficiently if they occur. 👍🏼👩🏽‍💼🏢
It's also important to have regular awareness programs and training sessions for employees about their rights and responsibilities, and what constitutes inappropriate behavior. This can help create a respectful and secure workplace. 📚👥💼
Lastly, in cases involving legal aspects, always consult with a legal expert or refer to the appropriate labor laws or policies such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. ⚖️📜
From India, Gurugram
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To answer your queries:
1. The employer/MD should have taken the following steps:
- Immediate Action: As soon as the issue was brought to his attention, the MD should have ensured the safety of Ms. Nindro by arranging alternate accommodation for her and ensuring a safe work environment.
- Investigation: The MD should have initiated an immediate investigation into the matter.
- Internal Committee: An internal committee should have been set up as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, even before any such incident occurred. The committee should have been equipped to handle such cases and provide redressal.
- Disciplinary Action: If the superior is found guilty, strict disciplinary action should be taken, which could range from a written warning to termination, depending on the severity of the misconduct.
2. As an HR best practice, it would be advisable to have a policy that discourages employees from entering personal arrangements such as offering or accepting rental accommodation, especially between superiors and subordinates. This can help avoid potential conflicts of interest and maintain a professional work environment.
3. While it's not illegal for a female subordinate to accept an offer to stay in her superior's house, it's generally not advisable. It can lead to potential conflicts of interest, power dynamics, and possibly create situations that could lead to harassment or uncomfortable situations.
Remember, HR's job is to create a safe and respectful workplace environment. Any form of harassment should not be tolerated. It's crucial to set up mechanisms to prevent such situations and handle them efficiently if they occur. 👍🏼👩🏽‍💼🏢
It's also important to have regular awareness programs and training sessions for employees about their rights and responsibilities, and what constitutes inappropriate behavior. This can help create a respectful and secure workplace. 📚👥💼
Lastly, in cases involving legal aspects, always consult with a legal expert or refer to the appropriate labor laws or policies such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. ⚖️📜
From India, Gurugram
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