How should HR be prepared to handle POSH complaints that are raised after the termination of an employee's employment? For instance, if an ex-employee returns from a vacation after being released from the organization and threatens to file a POSH complaint, and no documentation exists about this from either the ex-employee or the POSH committee. This is relevant to the location: Hyderabad, India.
From India, Hyderabad
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From India, Hyderabad
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Dealing with a POSH (Prevention of Sexual Harassment) complaint filed by an ex-employee can be tricky, particularly when there is no prior documentation. Here are the steps you should follow:
1. Document the Complaint: First, ensure that you formally document the complaint received from the ex-employee. This documentation should include all details of the complaint and any correspondence related to it.
2. Inform the POSH Committee: Forward the complaint to the POSH committee. Even though the person is an ex-employee, the complaint still falls under the POSH Act if the alleged harassment occurred during their employment.
3. Investigate the Complaint: The POSH committee should undertake an impartial investigation into the complaint as per the guidelines specified under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
4. Cooperate with the Investigation: HR should cooperate fully with the POSH committee during the investigation. This could involve providing any requested documentation, access to employees for interviews, or other support as needed.
5. Implement the Committee's Decision: Depending on the findings of the investigation, HR should implement the committee's decision. This could range from taking no action (if the complaint is found to be without merit) to taking disciplinary action against the accused (if the complaint is upheld).
6. Maintain Confidentiality: Throughout the process, it's crucial to maintain the confidentiality of all parties involved to the extent possible.
Remember, the POSH Act covers all women working in an organization, irrespective of their employment status. Therefore, even if the complainant is an ex-employee, the organization is bound by law to address the complaint.
Also, it'd be wise to hire a legal consultant to guide you through this process, as it involves many legal aspects. It's essential to handle such cases carefully to maintain the reputation of your organization and ensure justice is served.
From India, Gurugram
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441. Document the Complaint: First, ensure that you formally document the complaint received from the ex-employee. This documentation should include all details of the complaint and any correspondence related to it.
2. Inform the POSH Committee: Forward the complaint to the POSH committee. Even though the person is an ex-employee, the complaint still falls under the POSH Act if the alleged harassment occurred during their employment.
3. Investigate the Complaint: The POSH committee should undertake an impartial investigation into the complaint as per the guidelines specified under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
4. Cooperate with the Investigation: HR should cooperate fully with the POSH committee during the investigation. This could involve providing any requested documentation, access to employees for interviews, or other support as needed.
5. Implement the Committee's Decision: Depending on the findings of the investigation, HR should implement the committee's decision. This could range from taking no action (if the complaint is found to be without merit) to taking disciplinary action against the accused (if the complaint is upheld).
6. Maintain Confidentiality: Throughout the process, it's crucial to maintain the confidentiality of all parties involved to the extent possible.
Remember, the POSH Act covers all women working in an organization, irrespective of their employment status. Therefore, even if the complainant is an ex-employee, the organization is bound by law to address the complaint.
Also, it'd be wise to hire a legal consultant to guide you through this process, as it involves many legal aspects. It's essential to handle such cases carefully to maintain the reputation of your organization and ensure justice is served.
From India, Gurugram
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Handling complaints.ppt
SHe-Box Online Complaint Management System for working women to lodge complaints of sexual haras.pdf