Abi0803
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
Dinesh Divekar
7872

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
anil.arora
663

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
Madhu.T.K
4220

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
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