Dear Harassed & Aggrieved Woman Employee
Your Post: " Today as I was walking into the office ( I am the HR person of this location) , my boss made a comment about how I have been
coming dressed colorful and how he wants to give me the title of Khushboo of our office ( A fat heroine, I am also a plump
person). then one other guy said he thinks Jayalalitha suits better."
I told this to my vertical head and she said to confront them and tell them that they should not make any such comments in future. She also said that she will report the matter to our head. My fiance after hearing this feels that I have to mail them or react strongly.
I feel so angry and my self esteem is at all time low. Should I message them?mail them? talk to them directly?
- Posted 8th October 2014
Position: This is a case of Humiliating Treatment affecting psychological and physical health of the Aggrieved Woman Employee and the "Acts' perpetrated by the Two Male Co-Workers / Colleagues ( irrespective of the Designations held by them) amount to / CONSTITUTE
" Acts of Sexual Harassment " within the meaning of Sexual Harassment as per the New Law namely "Sexual Harassment of Woman at Workplace ( Prevention, Prohibition & Redressal) Act April 2013 and the Rules framed thereunder and Gazetted on 9th Dec 2013.
Further, the "Offense of Sexually Harassing the Aggrieved Woman" have already been committed and are " already on Record" once they were brought to the Attention of her Superior - may be verbally reported - and that Superior should have taken PROMPT Action towards redressal of Her Complaints and by Not Doing that / by Not discharging Her Legally-Binding Duties Entrusted to Her as "the Person who Supervises, Manages and Controls the Workplace", she , the said Superior Has already on-record Violated the Provisions of the said Act and is liable to Punishment /penalty including Fine of up to Rs. 50,000/- . Likewise, the other Superior before whom the Aggrieved Woman Employee also Lodged her SH Complaint has already committed "the "Offence" of Breaching the Law" and also for "abatement" and is liable to the Penalty of the prescribed Fine. In addition, the Establishment is in the RISK of losing its Business License /Permission.
The Employer of the Establishment in question where the above mentioned " Aggrieved Woman " is employed is advised to take IMMEDIATE Action Listed below:
1. Constitute the Internal Complaints Committee as stipulated in Section 19 of the said Act"
2. Frame your Company's /Establishment Policy in alignment with the OBJECTIVE of the said Act and Notify the Policy to all Employees for proper and faithful Compliance;
3. Notify to all Employees and others present / likely to be present on Co's Premises the "Penalties" for Acts of SH and the Redressal Mechanism already constituted;
4. Quickly Organize the Mandatory / Legally - Binding " Awareness Programs for Employees to inform them about the Provisions of the said Act and to Gender Sensitize them all:
5. Swiftly organise the Mandatory/Legally-Binding "Orientation Program" for ICC ( Internal Complaints Committee) Members so that the LEARN to discharge their Legally entrusted Duties of a) Admitting the SH Complaints; b) Ascertain prima facie the Facts of the Case when a Report and Not a Written Complaint is lodged/reported verbally or brought to the attention of Superiors etc; c) Hold Conciliation at the behest of the Aggrieved Woman Complainant; d) Hold Internal / Domestic Inquiries in accordance with the Principles of Natural Justice; e) Write Inquiry Reports and submit their Findings for necessary Disciplinary Action; f) Make "Recommendations" to the Employer; g) Determine Compensation payable to the Aggrieved Woman Employee Complainant; h) Prepare Annual Statutory Return for year 2013 onwards and other matters connected therewith.
The Law prescribes that the Aggrieved Woman Complainant submit their SH Complaints in Writing. This be followed. Where is the Need to continue to participate in continued SH anytime, anywhere. When we bring things out, they lose their power over us.
Let us all collaborate in Making the Workplace "SAFE" and "SECURE" and the Best Place to Work WHERE No Woman is subjected to Sexual Harassment.
Any and All Queries are WELCOME.
All "doubts", "dilemmas", " Misgivings" or "Myths" will be clarified.
Kritarth Team has Guided and Helped many Corporate, Employers, Heads of Institutions and Individual Managers in Full-Scale Implementation of the said Act. We are Available, round the clock.
Harsh Kumar Sharan
Special Educator for Po SH Programs
Kritarth Team
Kritarth Consulting Pvt Ltd
Kritarth Consulting Private Limited
13th Oct 2014