meghana 13 May 2018

Se*ual harassment at work place

my friend filed a complaint on her male collegue to the HR , the complaint was of simple nature and in the initial complaint there is nothing mentioned about s*xual harassment, but the HR has converted that into s*xual harassment complaint and called the guy to give his version of the story within 10 days. the HR served him legal noticies under prevention of s*xual harassment at workplace bill. i got to know that the guy had issues with the management in the past. the HR is asking the guy to resign from the company.the guy has gone to the police.

did the HR do the right thing by converting the complaint into s*xual harassment complaint when the issue could have been solved internally ?

is the guy doing the right thing by going to police ?

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9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 May 2018

HR has to enquiry on receiving complaint and submit a report to its management for further action. HR do not have right to force him give resign. There is some procedure to follow.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 13 May 2018

If the complaint is not about s*xual harassment, the management cannot convert it into one. As to why the person has gone to the Police one cannot say anything unless one sees the original complaint and the notice sent by the management.

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meghana 13 May 2018

the original complaint is some thing like

"during team lunch Mr x approached me and offered to drop me at home since it was getting late, i did not like it. me and another collegue of mine took steps since the lift was not working, Mr x followed us till the parking lot and took his bike and left"

my friend is very much tensed because the guy has approached the police since the HR has issued him legal notice.

Kumar Doab (FIN) 13 May 2018

Same Query;

https://www.lawyersclubindia.com/experts/S-xual-harassment-at-workplace--681041.asp

Sudhir Kumar, Advocate (Advocate) 14 May 2018

you have not at all indicated what is the complaint.

R Trivedi (advocate.dma@gmail.com) 14 May 2018

I see nothing wrong in his action. He offered to drop while it was getting late. He went to parking for his bike.

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Sudhir Kumar, Advocate (Advocate) 15 May 2018

did your friend stated anywhere in the complaint that she felt insecure in future? or she felt insulted.

Someone offered you a lift and you declined and later he came down and took vehicle and left. You filed complaint with HR and given them a took to distort facts (as you say). He has a right to go to Police.

Given facts do not indicate that your firend did anything to withdraw the complaint as (she felt) that the same is being blow out of proportion

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 May 2018

What can he complain to the Police, under which Section of which Law? What did the Police do, did they file an FIR? Making an complaint, even if unfounded, cannot be the subject of a police complain? If at all the aggrieved person should go to court.

Kumar Doab (FIN) 17 May 2018

Both parties are at liberty to obtain copies of complaints made by each other, office and appraoch their own very able senior counsel of unshakable repute and integrity specializing in such/criminal matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of their interest..

For such counsels; Check at LOCAL Civil Courts, HC,SC……..

Since complaints have been lodged by office now IT has to conclude logically..