1. #1
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    Can we take action against the employee without getting any complaint against harassment?

    One of woman employee has left the organization without giving any reason. She was the best employee of the organization. But after some days we came to know that she was physically harassed by one of our office employee. We have not received any complaint for this and the victim has already left the organization. Can we take action against him now?

  2. #2
    Labournet Law Consultancy Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    Since the victim has not given any compliant against that particular person you cannot take any action. For taking an action any compliant has to be obtained.
    If you have a reliable knowledge that she has left the job because of the harassment you can give a warning letter to him, but you cannot dismiss him for the same.
    If you want that woman back then you can go and meet her personally and ensure her that if she gives compliant she will be protected and necessary action will be taken against the guilty person.
    LabourNET Law Consultancy
    Leading Labour law Compliance Consultancy in Kerala having PAN India presence.
    8129016649

  3. #3
    san8 Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    Yes, such crimes are unexcusable. You should console the victim and gain her thrust first because it turns out that the victim had no one thrust worthy of in the company so she left without a clue. Maybe the victim is trying to hide the crime since it involves a psychological matter of prestige and morality. So you should make her feel supported till the end and let her know that there is no gain in covering the crime. This is because you will need a proof or a confession inorder to punish the culprit which should be declared by the victim. If the culprit is not punished he will do the same to other employees too since he was not exposed at first. You have every right to support the victim in this case so don't back off and make the move as soon as possible.

  4. #4
    venki Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    hello...

    Yes,you can take action but you should console the victim and again her trust because it turns out that the victim had no trust worthy of in the company

    so she left without clue may be victim is trying to hide the crime since it involves a psychological of prestige and morality

    you have every right to support the victim in this case so don't back off

    good luck

  5. #5
    srinivasa Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    you canno take action without any proof and written complained duly signed by her because its legal to prosecute him by written complaint by her.. she was your best employee don't try to loose her you can do justice to her by calling her to your office take a written complaint from her personally ask her about the incidents and harassment faced by her then you can terminate him from service its of no use for the company loosing best employee and keeping idiot in the company you can also terminate him from service by showing his performance appraisal not satisfactory and under performed.. and ask her to join the company because company requires best people on board

  6. #6
    manojbadoniya Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    Sir this was a unacceptable incident that can not be avoided just like that because you are the manager of the company and if you did not receive any type of complaint from the victim that means you are unaware about atmosphere of the office that what is going on in the office or we may say that victim did not complain so this can be understand as employee didn't believe in you that is why she did not mention anything to you and left the company or that female employee was shy and scared in your office and she did not feel security and left the company so this is your duty that you go in depth of this matter and get full details because you have mentioned yourself that she was the best employee in your company so how can you bear this and if this happened that she will not allow anyone to work in your company

    First of all you should find out all details related to this matter and call to the victim because to know actual details, you need to ask everything from that female employee and if she say that she was harassed in your company so this is your duty that you take that employee or person who did it with her and terminate his all services from your company and also motivate that female employee to work again in company and trust her that this will never happen again so she may come back but this is not easy and if you want her back then first you should fire that employee but also give him a chance to speak in his safety and if he could not prove that he did not do this so you should fire him and do not allow him ever again in your company for job

    But your first duty to call that female employee and know more about this case because everything depends on her and if you found her correct then you should try to console her on this matter and ask her choice to punish that employee and also take opinion of her to publish this news or not and follow her suggestion

    All the best

  7. #7
    abhinandan Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    Hello*******
    Dear person*******
    ++++++++++++Try these steps for this issue++++++++

    **********If your new company is not requiring it then also you should get it from your previous company

    **********as it will help you a lot in future. Its better to draft a mail to the HR .

    **********company saying that you want your Experience letter in 7 days otherwise

    **********you will complain to the lab our court against that company.


    **********I am sure they will respond only if you show some aggressiveness in your behavior.

    **********otherwise they will keep on giving you a future date for your experience letter.

  8. #8
    Boss Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    Yes, these kinds of criminal activity tend to be unexcusable. You'll want to unit the particular sufferer as well as gain her pushed initial since apparently , the particular sufferer had no a person pushed value in the company hence she still left without a clue. Maybe the particular sufferer is intending to hide the particular criminal offenses given that it calls for the internal couple of esteem as well as morality. And that means you should help make her really feel reinforced till the conclusion as well as declare it clearly that you have simply no gain with in the crime. This is because you want a substantiation or perhaps a admission inorder in order to reprimand the culprit that should often be stated by the victim. If perhaps the culprit is just not penalized he's going to accomplish exactly the same to other workforce way too given that this individual hasn't been exposed from first. You have any right to secure the sufferer however hence do not back down as well as have the transfer the moment possible.that became a unsatisfactory occurrence this can not be prevented simply just this way since you might be administrator of your company and if you didn't obtain any kind of gripe from the sufferer this means you are not aware pertaining to ambiance of any office this what's going on in the workplace or maybe we may state that sufferer could not whine hence this really is understand as personnel couldn't believe within you this is the reason she could not point out everything to you and still left the organization or maybe this female personnel appeared to be bashful as well as scared with your work and she could not really feel security as well as still left the organization hence now is your work this your going comprehensive of your make any difference and acquire full particulars since you might have described yourself that they appeared to be the ideal personnel inside your company hence how may you tolerate that and if that occured that they won't let you to definitely deliver the results inside your company Initially you should learn just about all particulars in connection with that make any difference as well as call to your sufferer since to find out precise particulars, you should request anything from this female personnel and if she express that they appeared to be harassed inside your company hence now is your work for you to consider this personnel or maybe individual who made it happen with her as well as eliminate his or her just about all services from the company and in addition stimulate this female personnel to work just as before with company as well as trust her that will not take place just as before hence she may appear back nevertheless that isn't easy as well as if you'd like her in those days initially you should flames this personnel but additionally together with the chance to converse in her safe practices and if this individual cannot confirm that they could not do this so you should flames them as well as do not let them anymore inside your company for occupation However your initial work in order to call this female personnel as well as learn a little more about this since every little thing will depend on on her as well as in the event you found her appropriate after that you need to unit her about this make any difference and enquire of her replacement for reprimand this personnel and in addition consider impression of her to write what is the news or otherwise not as well as adhere to her suggestion.you cannot get it done with virtually no substantiation as well as prepared complained appropriately signed by means of her since its appropriate in order to prosecute them by means of prepared gripe by means of her.. she appeared to be your very best personnel produce reduce her you can do the law in order to her by means of dialing her in order to your work consider an itemized gripe through her professionally request her concerning the occurrences as well as being a nuisance faced by means of her then you can certainly eliminate them through services its not good to the company the decline of very best personnel as well as holding tech-leery in the company you can also eliminate them through services by means of expressing his or her effectiveness assessment not reasonable as well as below performed.. and enquire of her to participate in the organization since company necessitates very best men and women agreeable

  9. #9
    satish Array
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    Re: Can we take action against the employee without getting any complaint against harassment?

    hello,
    yes definitely you should not leave those rascals.tody women are afraid of this type of situations and they are not coming out from their homes and they are not daring in this and those people should be severely get punished and he should get a good coating for this.
    contact your female employee and ask her what is the problem and why she left the office without any reason.ask her that dont feel emberrased to express such type of things and tell her that you will support her in all the aspects.
    say her that you may join the company as that fellow who did that stupid thing has left the office and say her that you will take a fine action against this and say that you will be fine and you will be behind her if anything happens in future.
    thank you..................

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