In the case of misbehavior amounting to sexual harrasment at work place the supreme court is very clear..please read the gudelines.A written complaint is submitted by the complainent to her supervisor, a committee consituted as per supreme court guide lines, does fact finding.Based on the findings and the severity of the misbehavior if any action should be taken.Time is the essence.A sexual harrassment at work place policy is what every company should already have in place.The intention of the person is not what is addressed or investigated....it is the effect of the behavior on the recepient that defines sexual harrassment.
From India, Mumbai
From India, Mumbai
Dear Farah
You must have seen all the posts, wherein members have given their viewpoints and opinions; and familiarized yourself with the following, which will be useful to you :
Correct me if I am wrong, but it seems you are new to HR, and your organization does not have a well laid out Disciplinary procedure.
First of all the term "misbehavior" that you have used, is vague. It means "To behave badly", "To behave (oneself) in an inappropriate way" or "Improper, rude, or uncivil behavior".
Not wishing a lady, not standing when she enters, not pulling out a chair for her, arguing loudly etc. can all be termed "misbehavior"; but these are not punishable.
There can be certain misdemeanour which need not be escalated.
So, you have to ffirst tell the members, what exactly you mean by misbehavior, and the incident alongwith the actual words used.
Secondly, in the official world, the word which entails any punitive action is "misconduct". Misconduct are those severe acts of misbehavior which entails penal action by the management. In industrial establishments, "misconducts" are specifically spelled out in the Standing Orders. For example, "Sleeping while on duty", "Reporting to work in an inebriated condition", "Threatening members of staff or management with dire consequences" etc.
In the instant case, you have to ascertain from the concerned lady, what exactly was the misbehavior. Then decide on the merits of the accusation (here, you have already pre-meditated to punish the perpetrator), if its needs escalation to be taken cognizance of.
In that case, you'll have to take a written complaint . You can not take action just on hearsay (unless it is a sub-standard company with no people policy). You have to remember that the other person also has a right to be heard and explain his side of the story.
Else the action will be termed arbitrary and un-lawful, and the person can sue the company.
Regards.
From India, Delhi
1426You must have seen all the posts, wherein members have given their viewpoints and opinions; and familiarized yourself with the following, which will be useful to you :
- sexual harassment - what constitutes
- departmental enquiry - how to conduct
- written complaint - a must for initiating action
- principles of natural justice - other person to be given a chance to be heard
- due process - the legal process of going about the whole thing
- punishment - quantum depends on the seriousness of the act etc
Correct me if I am wrong, but it seems you are new to HR, and your organization does not have a well laid out Disciplinary procedure.
First of all the term "misbehavior" that you have used, is vague. It means "To behave badly", "To behave (oneself) in an inappropriate way" or "Improper, rude, or uncivil behavior".
Not wishing a lady, not standing when she enters, not pulling out a chair for her, arguing loudly etc. can all be termed "misbehavior"; but these are not punishable.
There can be certain misdemeanour which need not be escalated.
So, you have to ffirst tell the members, what exactly you mean by misbehavior, and the incident alongwith the actual words used.
Secondly, in the official world, the word which entails any punitive action is "misconduct". Misconduct are those severe acts of misbehavior which entails penal action by the management. In industrial establishments, "misconducts" are specifically spelled out in the Standing Orders. For example, "Sleeping while on duty", "Reporting to work in an inebriated condition", "Threatening members of staff or management with dire consequences" etc.
In the instant case, you have to ascertain from the concerned lady, what exactly was the misbehavior. Then decide on the merits of the accusation (here, you have already pre-meditated to punish the perpetrator), if its needs escalation to be taken cognizance of.
In that case, you'll have to take a written complaint . You can not take action just on hearsay (unless it is a sub-standard company with no people policy). You have to remember that the other person also has a right to be heard and explain his side of the story.
Else the action will be termed arbitrary and un-lawful, and the person can sue the company.
Regards.
From India, Delhi
Dear all, From the description it is not clear whether the misbehaviour could be said to be 'Sexual Harassment'. Mr. Jha has given the correct definition and try to see from that perspective. In a case of sexual harassment, first of all the female employee has the right to get a transfer or get the fellow transferred first of all, the rest of the action follows later. Everyone has a right to human diginity and that has to be respected. The procedure for action is already described by Sai Nandan
Regards
KK
Regards
KK
Hi,
In case it is proved that the male employee did harrassed the female employee and which was brought to their immediate supervisor/HR, then the male employee should be Terminated from the company and there will be no warning letters or show cause letters encouraged in this type of situations. And also, if it is proved that the female employee is raising wrong concerns on other employees should also be punishable and it is upto Termination of the female employee.
If we follow the steps of issuing warning letters/memos/show cause letters then this kind of incidents may happen in future and which is not at all advisable for an orgnaization point of view.
Regards,
Murthy
From India, Hyderabad
In case it is proved that the male employee did harrassed the female employee and which was brought to their immediate supervisor/HR, then the male employee should be Terminated from the company and there will be no warning letters or show cause letters encouraged in this type of situations. And also, if it is proved that the female employee is raising wrong concerns on other employees should also be punishable and it is upto Termination of the female employee.
If we follow the steps of issuing warning letters/memos/show cause letters then this kind of incidents may happen in future and which is not at all advisable for an orgnaization point of view.
Regards,
Murthy
From India, Hyderabad
Hi
A committee needs to be appointment under Sexual harrasment Policy. It is mandatory for all establishments. The complaint received needs to be look into by the Committee and they need to question both separately. After completing the process of questioning and obtaining statements, they need to submit report to the Disciplinary Authority. Disciplinary Authority would initiate the process as per Standing orders.
If you do not want to go through the process and if your intention is just to bring to the notice of the concerned who has behaved and then take it forward, you can always issue show cause notice calling for his explanation. If he denies, you need to follow the process. if accepts, you can take it forward for imposing suitable punishment, except dismissal.
regards
prakash
regards
prakash
From India, Madras
A committee needs to be appointment under Sexual harrasment Policy. It is mandatory for all establishments. The complaint received needs to be look into by the Committee and they need to question both separately. After completing the process of questioning and obtaining statements, they need to submit report to the Disciplinary Authority. Disciplinary Authority would initiate the process as per Standing orders.
If you do not want to go through the process and if your intention is just to bring to the notice of the concerned who has behaved and then take it forward, you can always issue show cause notice calling for his explanation. If he denies, you need to follow the process. if accepts, you can take it forward for imposing suitable punishment, except dismissal.
regards
prakash
regards
prakash
From India, Madras
Dear Friend,
There are different kind of misbehaviour. Something come under sexual harrasment and something is normal which happens daily works. If it is sexual harrasment, then you set up a committee with male & female members and forward the compliant to the committee and discuss the matter and if it confirmed, just suspend him and go for domestic enquiry. Otherwise, you can directly give him notice for explanation related the matter, veryfy reply, if not satisfied with the reply supens him and go for domestic enquiry. First you veryfy the fact before taking any action. Everybody has the right to get opportunity to prove their innocense.
Thanks,
shiv
From India, Delhi
There are different kind of misbehaviour. Something come under sexual harrasment and something is normal which happens daily works. If it is sexual harrasment, then you set up a committee with male & female members and forward the compliant to the committee and discuss the matter and if it confirmed, just suspend him and go for domestic enquiry. Otherwise, you can directly give him notice for explanation related the matter, veryfy reply, if not satisfied with the reply supens him and go for domestic enquiry. First you veryfy the fact before taking any action. Everybody has the right to get opportunity to prove their innocense.
Thanks,
shiv
From India, Delhi
Dear Friends;
Love;
I have observed here, that many members ask vague questions, without giving sufficient details of the problem and several members immediately jump in to it without really understanding the problem and its intricacies or seriousness and start advising the inquirer. Many of them want to prove their smartness and knowledge about HR functions. But actually they prove their foolishness.
Some people ask counter questions to know more about the problem and situation. But many a time I observe that the person who raise such query, dose not bother about the reply, what so ever it is. As if the problem is a fabrication of his/her mind, just to keep others busy or make them fool.
Recent case of Chetan Ahuja is there in front of you and finally the thread has to be closed. I believe that instead of expressing anger on Chetan, the members should learn from the incident. In fact the technique used by Chetan should be recognized as a “Chetan’s Fool Hunting Technique” and that can be very much useful to HR people while recruiting people in the company. HR must know the level of foolishness of the person, to whom they are recruiting.
I believe that HR people are expected to ask question or query in meaningful way. I am not from HR division, but looking to the conversation going on here I understand that a special training is required to develop asking skill or inquiring skill to HR people. If anybody has some material on "How To ask Question or Raise Queries" need to share with other fellow travelers.
His Blessings;
Sharad Shah
From India, Ahmadabad
Love;
I have observed here, that many members ask vague questions, without giving sufficient details of the problem and several members immediately jump in to it without really understanding the problem and its intricacies or seriousness and start advising the inquirer. Many of them want to prove their smartness and knowledge about HR functions. But actually they prove their foolishness.
Some people ask counter questions to know more about the problem and situation. But many a time I observe that the person who raise such query, dose not bother about the reply, what so ever it is. As if the problem is a fabrication of his/her mind, just to keep others busy or make them fool.
Recent case of Chetan Ahuja is there in front of you and finally the thread has to be closed. I believe that instead of expressing anger on Chetan, the members should learn from the incident. In fact the technique used by Chetan should be recognized as a “Chetan’s Fool Hunting Technique” and that can be very much useful to HR people while recruiting people in the company. HR must know the level of foolishness of the person, to whom they are recruiting.
I believe that HR people are expected to ask question or query in meaningful way. I am not from HR division, but looking to the conversation going on here I understand that a special training is required to develop asking skill or inquiring skill to HR people. If anybody has some material on "How To ask Question or Raise Queries" need to share with other fellow travelers.
His Blessings;
Sharad Shah
From India, Ahmadabad
Hi,
Above all seems to be ok, but pls. check whether the concerned lady has not provoked that poor fellow.
What is the grade of both the employees. Are they at same level ?
also what kind of misbehaviour has done ?
Is he abused or else....
All parameters are necessary to know.
Best way is the compromise , you as HR should initiate the way for the same rather for any litigation.
Good luck
rgds
vk saxena
From India, Lucknow
Above all seems to be ok, but pls. check whether the concerned lady has not provoked that poor fellow.
What is the grade of both the employees. Are they at same level ?
also what kind of misbehaviour has done ?
Is he abused or else....
All parameters are necessary to know.
Best way is the compromise , you as HR should initiate the way for the same rather for any litigation.
Good luck
rgds
vk saxena
From India, Lucknow
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc