Sexual harassment at workplace Sexual harassment at workplace

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.

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Madam,
It seems your resignation might have been accepted by the Management. Better approach the following authority.
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Please approach the following authority or similar authority in a state
The Office Commissioner of Labour


Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Anik

Responded 10 months ago

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A.There are a few details regarding company policies surrounding this that need to be considered. One of this includes when they gave you the option of a department change or a 3 month leave, did the leave mean you were allowed to return working after 3 months?

There are also the need for some clarity on this part.
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Anonymous

Replied 8 months ago

No sir..
HR told me that they can change the department.In this they can give 3 month leave.They did not tell me this and kept it hidden from me. And I did not know about these rules.

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