- This topic has 23 replies, 19 voices, and was last updated 1 year, 3 months ago by
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UAsking on behalf of a friend, her functional manager has been explicitly asking for sex at the workplace. She is physically challenged and just joined the workplace one year ago. Her HR is also a close ally for the functional manager, she has been hesitant to take help from family since she married her boyfriend recently without family support. Her manager has been creating issues with her work and making it look like she is unfit because she is not cooperating. I understand that we could write to Prevention of sexual harassment mail id of the Company(it’s a multi national company). How can I help her better?
1. what are the minimum things we need to ensure when we raise this issue at her workplace since she needs this job to support her now more than ever?
2. Does anyone know pro bono Women council association who could help us draft the complaint?
3. I am also afraid because she is working in a different state, how can we ensure her safety after she leaves work and he is local might get fired after the complaint? -
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UAsk her to record the conversation the next time the manager approaches her. But this audio recording should happen without his knowledge. I think this is pretty much enough to screw him off.
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E> I am worried about the consequences after he is fired
Keep the evidences ready, and distributed among people close by. Here’s [Helplines | National Commission for Women](http://www.ncw.nic.in/helplines)
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BDon’t worry about him. Number of harasser who stops harassing victim after police complaint are 10x more but these don’t make it to news.
Posh is useless. Please file FIR. Save future women and all other women. It will only get worse.
Other option is to change company but he will do with other women
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AFirst submit written complaint on prevention of sexual harrasment committee. They should be different from HR.
If not sure who talk to Manager of your manager. If none works write mail to all seniors and HR in CC. If still no response then file FIR.
You can also approach court if they fore you or take adverse set against you.But first thing first make sure to get evidence. If he touches you in office or send you any message remember and get cctv records so they can’t delete it
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ULawyer here, This is a clear POSH case. Every company is compliant with POSH ACT 2013. She should complain to POSH Committee at her company. Company is bound to protect her. She can take indefinite leave till the investigation is complete by the company’s POSH Committee i.e within 90 days. The alleged employee harrasing her will be suspended and has to prepare a defense to save himself from this accusation. The victim can appeal to courts in case the outcome fails.
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UNAL
where is your friend located? you can usually approach pro bono clinics of law schools and NLUS and law students can help you with drafting the complaint.
i think its better to first file a complaint under POSH before escalating to an FIR but a lawyer who deals with such complaints would know better.
Filing an FIR against him might help ensure her safety as there will be records with the police however, ask her to be alert and to always travel home with someone trusted
side note, HR is not your friend. Always ask her to have records of the meetings (she can send a summary of the meeting in email, or atelast send an email confirming she met HR on that date). Ask her to collect evidence and proof. I am not sure if she is required to first complain to HR before escalating to an FIR, but if she is required to complain first to HR, ask a lawyer to draft the complaint.
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PShe can give a statement with the local police station. It is advantageous if she has any proof of such advances made by the manager, in the form of recorded audio or video or any other proof. If not, the manager and HR will try to prove that because of her poor performance at work, she is making these accusations.
Let her gather proof without compromising her safety and approach the police instead of inhouse committee. Because HR is supposed to be the part of the Prevention of Sexual Harassment in the workplace.
To give a police complaint, you don’t need a lawyer. But write the statement detailing the incident. Do not leave any incident or part of incident. Later when the case goes for trial and she adds anything during evidence stage, the defense questions that critically. If you take the lawyer or any other support to the police station, police may take it as a complaint with a motive. She can write as many rough draft it takes to make it elaborate. In the FIR the police writes the summary. But the victim will be questioned on the statement given by her.
If the local police doesn’t take the complaint and registers the FIR, call the Superintendent of Police or the Commissioner of Police for that area. If you are in a city, the helpline numbers are put up in their websites.
for further clarification and guidance feel free to contact us [https://g.co/kgs/t2RUJXC](https://g.co/kgs/t2RUJXC)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UAny company that has more than 10 employees will have internal complaint. Employee relations, and a POSH committee. POSh is for prevention of Sexual harassment in work place. Collect all the evidence and eeport it to the POSH committee. Regardless of rhe HR being an ally or his best friend, enquiry will be made. Action will be taken.
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UThere was a Posh complaint against Me and it is extremely favorable for Women. Upon the severity of the offense, the accused can get fired, given a warning letter, write a written apology, give some amount for the offence he did, and if needed the committee will help file an FIR against the accussed.
Just write an email with all the supporting documents. Make sure you have evidences and make her mentally prepared for interrogation and explaining all the events that happened and what was the impact of it.
Any inappropriate comment is not tolerated and you can rely on it since you mentioned its an MNC.
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