Hi
A man has the practice of using ladies rest room eventhough they have separate rest room for women and men employees. The person who has this kind of habit is basically from HR department, designated as General Manager of HR. It was found by woman employee belongs to the same HR department and registered a complaint to the management. Will it come under POSH. How could we take it forward. Kindly suggest.
Thanks
Abi
From India, Bengaluru
A man has the practice of using ladies rest room eventhough they have separate rest room for women and men employees. The person who has this kind of habit is basically from HR department, designated as General Manager of HR. It was found by woman employee belongs to the same HR department and registered a complaint to the management. Will it come under POSH. How could we take it forward. Kindly suggest.
Thanks
Abi
From India, Bengaluru
Dear member,
Oh my God! I never thought that this kind of post would come up on this Citehr!
We don't know why the accused person of the stature of GM (HR) has been doing this. He could be a pervert or he has developed desires to identify himself with the female gender. Though a male, mentally he could be considering himself a female.
Whatever the cause of his actions may be, his behaviour is noxious. I can imagine how embarrassed the women folk could be when they found a male using their washroom!
The case need not be handled under POSH. The company can check their standing orders and find out whether "indecent behaviour while on duty at the place of work" has been defined as misconduct and take action.
Other learned members can give their valid opinions.
Thanks,
Dinesh Divekar
From India, Bangalore
7872Oh my God! I never thought that this kind of post would come up on this Citehr!
We don't know why the accused person of the stature of GM (HR) has been doing this. He could be a pervert or he has developed desires to identify himself with the female gender. Though a male, mentally he could be considering himself a female.
Whatever the cause of his actions may be, his behaviour is noxious. I can imagine how embarrassed the women folk could be when they found a male using their washroom!
The case need not be handled under POSH. The company can check their standing orders and find out whether "indecent behaviour while on duty at the place of work" has been defined as misconduct and take action.
Other learned members can give their valid opinions.
Thanks,
Dinesh Divekar
From India, Bangalore
I support Mr. Dinesh's remark.
Also, we are unsure whether this man is suffering from a mental problem or intentionally acting this way, but this behavior should not be tolerated under any circumstances.
He should be given a notice and warning for misconduct as per your company policy first.
You mentioned that a complaint has already been filed with management. Can you please provide an update on whether any action has been taken by management or not?
If management has not taken any action, this could lead to a serious situation among employees and may also cause embarrassment for the management. This type of behavior by a male staff member makes female staff feel insecure at work place and is very disturbing.
If he is found repeating such behavior even after being warned, you should take action under the Prevention of Sexual Harassment (PoSH) guidelines.
From India, Gurgaon
Also, we are unsure whether this man is suffering from a mental problem or intentionally acting this way, but this behavior should not be tolerated under any circumstances.
He should be given a notice and warning for misconduct as per your company policy first.
You mentioned that a complaint has already been filed with management. Can you please provide an update on whether any action has been taken by management or not?
If management has not taken any action, this could lead to a serious situation among employees and may also cause embarrassment for the management. This type of behavior by a male staff member makes female staff feel insecure at work place and is very disturbing.
If he is found repeating such behavior even after being warned, you should take action under the Prevention of Sexual Harassment (PoSH) guidelines.
From India, Gurgaon
If this man has been doing it or repeatedly doing it it shall come under a serious misconduct. There is a misconduct of not following the instructions/ policies. The policy or instruction is that men should use toilets meant for them only, and if there is any deviation that should be viewed as violation of policies. On the basis of this deviation, negligence, the company can initiate disciplinary action against the person. Now if the women employees have complained that they can't go to wash room in the fear that HE will be there, then it will come under the scope of PoSH Act also.
From India, Kannur
From India, Kannur
Before taking any next step let some one talk to this man what really happening to him? Is he doing this repeatedly on regular basis or rarely due to emergencies. Sensitive issue involving a very senior management. Let you understand the matter thoroughly. Depending on this next step shall be initiated. I'm also puzzled, there should be some behaviourial issues in him 'split personalities disorder' like.
From India, Bangalore
From India, Bangalore
Under
Under Sexual Harassment of Women at Workplace Act, 2013, the following amounts to Sexual Harassment :
- Physical contact of a sexual nature: This includes unwanted touching, groping, or any other physical act of a sexual nature.
- Making sexually colored remarks: This includes offensive jokes, comments, or innuendos of a sexual nature.
- Showing pornographic or sexually suggestive material: This includes displaying or distributing offensive images or videos.
- Demanding or requesting sexual favors: This includes asking for sexual favors in exchange for employment or promotion.
- Any other unwelcome act of a sexual nature: This includes any other behavior of a sexual nature that can create a hostile work environment.
(sorry, this is copied from Gemini, Google's AI)
The last one could extend to cover the actions of the GM.
It is indeed contributing to a hostile work environment.
Women employees could also claim that this was intended to 'outrage the modesty of women' or an attempt to sexual assault and rape.
Under BNS (which replaces IPC) :
Sec. 74 Assault or use of criminal force to woman with intent to outrage her modesty. (IPC 354)
Sec 75 Sexual harassment. (IPC 354A)
Sec 76 Assault or use of criminal force to woman with intent disrobe. (similar to IPC 354B)
Sec 77 Voyeurism (IPC 354C)
Sec 78 Stalking (IPC 354D)
Sec 79 Word, gesture or act intended to insult the modesty of a woman
With all these requirements (and I think Sec 75, 77, 79 do apply directly), it would be a good idea for this to be taken up by ICC under POSH rather than risk the matter going to District Committee or police. In both cases, company management, HR and POSH ICC committee will face action from the government and police.
ICC can go to the root of the problem, give the GM a chance to explain the reason and provide counselling if required or force termination of his employment if it is considered without justification.
It would definitely be a good idea for HR to issue a warning letter and a ShowCause.
From India, Mumbai
Under Sexual Harassment of Women at Workplace Act, 2013, the following amounts to Sexual Harassment :
- Physical contact of a sexual nature: This includes unwanted touching, groping, or any other physical act of a sexual nature.
- Making sexually colored remarks: This includes offensive jokes, comments, or innuendos of a sexual nature.
- Showing pornographic or sexually suggestive material: This includes displaying or distributing offensive images or videos.
- Demanding or requesting sexual favors: This includes asking for sexual favors in exchange for employment or promotion.
- Any other unwelcome act of a sexual nature: This includes any other behavior of a sexual nature that can create a hostile work environment.
(sorry, this is copied from Gemini, Google's AI)
The last one could extend to cover the actions of the GM.
It is indeed contributing to a hostile work environment.
Women employees could also claim that this was intended to 'outrage the modesty of women' or an attempt to sexual assault and rape.
Under BNS (which replaces IPC) :
Sec. 74 Assault or use of criminal force to woman with intent to outrage her modesty. (IPC 354)
Sec 75 Sexual harassment. (IPC 354A)
Sec 76 Assault or use of criminal force to woman with intent disrobe. (similar to IPC 354B)
Sec 77 Voyeurism (IPC 354C)
Sec 78 Stalking (IPC 354D)
Sec 79 Word, gesture or act intended to insult the modesty of a woman
With all these requirements (and I think Sec 75, 77, 79 do apply directly), it would be a good idea for this to be taken up by ICC under POSH rather than risk the matter going to District Committee or police. In both cases, company management, HR and POSH ICC committee will face action from the government and police.
ICC can go to the root of the problem, give the GM a chance to explain the reason and provide counselling if required or force termination of his employment if it is considered without justification.
It would definitely be a good idea for HR to issue a warning letter and a ShowCause.
From India, Mumbai
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