Hi Friends,
I am working as an HR Manager in a small company where one of our employee has faced a sexual harassment via SMS by her senior colleague. As per company’s sexual harassment policy we have terminated the senior colleague who was found guilty immediately based on the evidence & confession by the culpable employee.
Can anyone help me know whether there will be any legal obligations on the company after terminating the culpable employee?
OR
What steps a company should take after terminating the culpable employee?
From India, Bangalore
I am working as an HR Manager in a small company where one of our employee has faced a sexual harassment via SMS by her senior colleague. As per company’s sexual harassment policy we have terminated the senior colleague who was found guilty immediately based on the evidence & confession by the culpable employee.
Can anyone help me know whether there will be any legal obligations on the company after terminating the culpable employee?
OR
What steps a company should take after terminating the culpable employee?
From India, Bangalore
Dear grg_Sikha
I think when you terminate the same you have paid his all dues. and sign on the all required document.
If you follow proper reason and take the decision on the basis of proper evidence or witness than no need to fear about legal liability but record of fully proceeding must be required during the time of legal proceeding, so no problem if u have the same
From India, New Delhi
36I think when you terminate the same you have paid his all dues. and sign on the all required document.
If you follow proper reason and take the decision on the basis of proper evidence or witness than no need to fear about legal liability but record of fully proceeding must be required during the time of legal proceeding, so no problem if u have the same
From India, New Delhi
Dear Shikha,
You have terminated the employee after conducting enquiry that is fine, however, following points are also important:
a) Whether principles of natural justice were followed
b) Whether accused was given chance to defend his position
c) Whether enquiry was vitiated by any means
Many times companies do half job and end up in losing their case in the labour courts. If the trial was fair, if the principles of natural justice were followed and if the punishment awarded was not disproportionate to the miscount, then courts do not intervene into the internal matters of the company.
Ok...
Dinesh V Divekar
.
From India, Bangalore
You have terminated the employee after conducting enquiry that is fine, however, following points are also important:
a) Whether principles of natural justice were followed
b) Whether accused was given chance to defend his position
c) Whether enquiry was vitiated by any means
Many times companies do half job and end up in losing their case in the labour courts. If the trial was fair, if the principles of natural justice were followed and if the punishment awarded was not disproportionate to the miscount, then courts do not intervene into the internal matters of the company.
Ok...
Dinesh V Divekar
.
From India, Bangalore
You can terminate the employee subject to conducting a proper departmental inquiry.Moreover, you should take decision in the matter based on Govt. Guidelines issued from time to time.
From India, Delhi
From India, Delhi
Hi Shika,
There would'nt be legal obligation if the full and final settlement is done for the accused. Did you issue the termination letter? If yes,did you file the photocopy of the termination letter? Did you take a letter in writing from the accused duly signed by him that he has sexually harrased his colleague?
Please keep the evidences safely with you. In case, if he files a case saying that he has been removed from the job for no fault of his, then you can submit the evidances,nor there would be a chance for him to win the case.
Regards,
Sudhir Narisetty,
HR Professional,
Andhra Pradesh.
From India, Hyderabad
There would'nt be legal obligation if the full and final settlement is done for the accused. Did you issue the termination letter? If yes,did you file the photocopy of the termination letter? Did you take a letter in writing from the accused duly signed by him that he has sexually harrased his colleague?
Please keep the evidences safely with you. In case, if he files a case saying that he has been removed from the job for no fault of his, then you can submit the evidances,nor there would be a chance for him to win the case.
Regards,
Sudhir Narisetty,
HR Professional,
Andhra Pradesh.
From India, Hyderabad
Dea Sudhir,
It would be against the principles of natural justice to terminate the services of a permanent employee without first holding a Departmental Inquiry.The employee must be given an oppurtunity to defend himself.If you dismiss him by merely taking a letter from him that he committed moral turpitude and withouit holding any inquiry,it may result in termination of service by undue influence/coercion.
I am of the view that the proper course of action in the instant case will be to follow the advice of Mr.D.V.Divekar as stated above to be read alongwith the relevant Govt. Guidelines in this regard.
From India, Delhi
It would be against the principles of natural justice to terminate the services of a permanent employee without first holding a Departmental Inquiry.The employee must be given an oppurtunity to defend himself.If you dismiss him by merely taking a letter from him that he committed moral turpitude and withouit holding any inquiry,it may result in termination of service by undue influence/coercion.
I am of the view that the proper course of action in the instant case will be to follow the advice of Mr.D.V.Divekar as stated above to be read alongwith the relevant Govt. Guidelines in this regard.
From India, Delhi
Hi Shikha
Second view of the case...ya , whatever steps taken by mgmt is is correct, but in place of direct termination we have so many options to handle the case .i thing termination is the last option & its depend on sevirity of incident..!
so before termination has to think on all options.
devendra.
From India, Pune
Second view of the case...ya , whatever steps taken by mgmt is is correct, but in place of direct termination we have so many options to handle the case .i thing termination is the last option & its depend on sevirity of incident..!
so before termination has to think on all options.
devendra.
From India, Pune
Hi Shika,
What ever you have done is right.I am sure you must have recorded the statement of the complainant and the accused.
There is an established law for it( Prevention of sexual harassment at work place) and you may go through it and am sure you will understand it .
No need to worry.
Thanks
N J bhat
From India, Mumbai
What ever you have done is right.I am sure you must have recorded the statement of the complainant and the accused.
There is an established law for it( Prevention of sexual harassment at work place) and you may go through it and am sure you will understand it .
No need to worry.
Thanks
N J bhat
From India, Mumbai
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CCS,(C)Rules Amendt.19.11.14 -Sexual Harassment or working women.pdf