Sexual harassment
10 months ago
I was not aware of posh policy changes while giving resignation and complaint so thats why, I mailed my sexual harassment complaint to hr in the resignation letter.After that when internal ic 3 members and external ic advocate spoke to me, I told them that I do not want to take legal action against the boss. But the internal ic member should take action against the boss so that what happened to me does not happen to anyone else.After I gave my resignation and complaint, Hr told me that we will change the department. But it would have been difficult for me to face that person everyday. So I refused to go back to the company. At that time I was in a lot of depression.I didn't understand what decision to take.but hr said that in posh policy they can give me department change or 3 month leave. hr didn't tell me that.after 2.5 month i told hr that i want to come back to job then he Said that if I have given resignation, they will not take me back to the job.but till then my full & final was not done by the company. I have not yet received the final report of harassment from ic member or HR. HR has taken signature on the report from me. Please tell me how I will get my job return.
Until and unless a final report u/s,13 of The Sexual Harassment of Women at Workplace(P P &R) Act, 2013 on your complaint over sexual harassment is submitted by the Internal Inquiry Committee proving or disproving your allegation, all the movements or incidents like shifting your deptts or granting you special leave for 3 months are made in compliance of Sec.12 of the Act. Based on an unethical incident you are forced to tender your resignation without serving a 30 days notice in compliance of Clause 13 of model Standing orders or even in compliance of the condition of your offer letter got no role to play during the pendency of inquiry. It is noted from your query that IIC has taken your signature in the Final inquiry Report without serving you a copy of the same which is contrary to the principle of natural justice too. So, in case you decided to resume back to your Company, then ask for the Final Inquiry Report of the Complaint and based on the recommendation of IIC to the Disciplinary Authority, you may review your decision. On the basis of the recommendation of the Final Report of Inquiry, you are also entitled to compensation as per the provision of Sec.15 of the Act. So, on receipt of Final Report of Inquiry against your complaint, the next courses of action should be reviewed afresh. In case you smell any signs of victimization or unfair labour practice from the end the Company, you may bring the matter to the notice of District Magistrate or ADM who is designated as District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. Further any publication of complaint or Inquiry Report is prohibited under Sec.16 of the Act and breach of this prohibitory clause by any person shall penal actions under Sec.17 of the Act. In case you need our assistance in this regard, you may get in touch with our legal team with all your relevant papers.
Supriya Dhomase
Replied 8 months ago
HR has not given me a copy of my signature on the final report. I have requested but it is not giving me report.
Supriya Dhomase
Replied 8 months ago
Last 5 month im jobless.pls help me.mene hr se inquiry ke baad 2.5 month hua tha tabhi apna job wapas manga tha.but hr ne ignore kiya.tab tak mera company se koe bhi clear nahi hua tha but jese he maine apna job return manga.company ne maira clear kar diya
Termination shown as resignation, done salary adv recovery from my FnF
Legal advice
Legally advice for sexual harassment case
If any male person has trapped
I want to enquire about posh complaint against me
