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What constitutes workplace harassment and workplace violence?
Workplace harassment &violence encompasses workplace behavior by supervisors, co-workers or third parties that is unwelcome, offensive, intimidating, humiliating or threatening to an individual or a group of individuals. It also includes amongst other behaviors, verbal abuse, display of violent images, angry outbursts, encroachment on the personal space of others and destruction of property.
Workplace harassment & violence covers
What are the relevant Indian laws applicable for harassment and violence in the workplace?
What is the process to be followed when investigating harassment at workplace?
Investigating complaints of harassment is a critical component of a prevention program and of particular concern since a flawed investigation can result in legal exposure. However, regulatory instructions are vague and courts take a case-by-case approach to evaluating sufficiency. Major points to consider in effective complaint investigation include:
What steps should an employer follow to take disciplinary action on an employee?
Organizations normally follow a progressive disciplinary action approach in managing a situation related to undesired behavior in the workplace. They use the provisions of applicable Standing Orders which enumerate the procedure to investigate and deal with employee misconduct.
It is important that the employer should take swift action whenever any formal or informal complaint about any undesirable act is received. Swift action helps in the right investigations, gathering evidence and witnesses, and most importantly enhances the credibility of the organisation internally as well as externally. Since every disciplinary action needs to be legally tenable, it should be compliant with the provisions of law as well as principles of natural justice. The process should not only be fair but also be perceived as fair.
We have a detailed step-by-step process guide (link provided below) which provides specific information for each of the steps.
What steps can an employer/HR take to make the workplace free of harassment?
Since Industrial Relations solutions would differ widely based on the specific circumstances of the case and the policies of the organisation, these responses are intended to provide general information, and are not a substitute for legal advice. You are advised to consult your legal /professional advisors and discuss the facts and circumstances that may apply to your particular situation, before taking any decisions or implementing any change.
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