'Organisations are increasingly adopting a zero-tolerance policy that protect employees from bullying, discrimination and/or coercion.'
'This is not just a legal issue; it's about respect and basic human decency at the workplace.'
What do you do if your boss/manager repeatedly asks you to stay late at work?
If your employer sends you unpleasant messages or asks for special favours, would it be termed as harassment?
According to a report by Deloitte, 43 per cent of women experienced non-inclusive behaviours like harassment or micro-aggressions at work.
However, only one per cent of victims of sexual violence report the crime to the police.
"According to findings by the National Crime Records Bureau, police officers sometimes do not take reports (of harassment) seriously and, in some cases, are even the perpetrators themselves," says Smita Shetty Kapoor (below), CEO and co-founder of Kelp, a company that aims at helping build workplaces that are compliant with the Prevention of Sexual Harassment at the workplace (PoSH), to demystify the less-understood subject of Diversity, Equity and Inclusion (D, E&I) and design effective Employee Assistance Programs (EAP) to ensure the mental well-being of employees.
She has collaborated with over 30 organisations, including Tata Power, Tata Consulting Engineers, DBS Bank, Lego and Hopscotch, aiding them in monitoring internal complaints committees and assisting in investigating harassment cases. Photograph: Kind courtesy: Smita Shetty Kapoor/Kelp
Though workplace abuse in India is an important issue, "women, in particular, face a higher risk of sexual harassment, often exacerbated by inadequate enforcement of laws and social stigma," Kapoor tells Divya Nair/Rediff.com.
"These issues persist due to power imbalances, lack of awareness and insufficient legal enforcement.
"Many victims fear retaliation or believe that reporting won't lead to justice, which discourages them from speaking out. Additionally, cultural norms and societal attitudes often downplay the severity of workplace abuse," Kapoor explains in a two-part interview.
After the tragic demise of Anna Sebastian, followed by the death of an HDFC employee, everyone is talking about the perils of 'overwork' and 'workplace abuse'.
What does the Indian law say about workplace harassment?
Workplace harassment can be understood as any unwelcome behaviour that makes someone feel uncomfortable, unsafe and/or intimidated at work.
It can take many forms -- verbal, written, physical or even non-verbal -- and it often creates a toxic environment.
The law, especially under the PoSH Act of 2013, focuses on sexual harassment, which includes things like unwanted advances, inappropriate comments or requests for sexual favours.
In simple terms, harassment crosses the line when it interferes with someone's dignity or their ability to do their job. While some companies allow consensual relationships, harassment -- especially after a breakup -- is never acceptable.
Organisations are increasingly adopting a zero-tolerance policy that protect all employees from bullying, discrimination or coercion. This is not just a legal issue; it's about respect and basic human decency in the workplace.
What incidents of harassment will be considered by a court of law?
Courts look for specific, repeated behaviour when assessing harassment claims. This can include things like offensive comments, verbal abuse, derogatory remarks or unsolicited physical contact.
Evidence can be in the form of emails, messages or testimonies from witnesses.
Physical harassment or sexually inappropriate behaviour is also taken very seriously.
Courts also consider any laws that offer protection for vulnerable groups, such as the Transgender Protection Act or SC/ST Atrocities Act, to ensure that discrimination is addressed in all its forms.
Most employees don't necessarily read the employment contract before signing it.
In your opinion, how can one read it to understand what you're signing up for?
To understand an employment contract before signing it, it is essential to focus on key sections that define your rights and obligations.
- Start by reading the job responsibilities and ensure they match the role you have discussed during the interview process.
- Pay close attention to the compensation and benefits, including salary structure, bonuses and leave policies.
- Look at the terms related to termination, such as notice periods and reasons for dismissal as well as any non-compete or confidentiality clauses that may restrict future opportunities.
- Understand the workplace's policies, particularly regarding harassment, grievance mechanisms and dispute resolution.
- If anything is unclear or written in legal jargon, seek clarification from the HR or a legal advisor before signing to avoid committing to terms that could negatively impact your career.
We often discuss workplace issues in a casual manner.
In fact, majority of us are not aware of what to do when you are abused at work.
What advice would you like to share with employees in the following cases/scenarios:
If a new hire/intern is facing abuse:
It's tough when you're new but please don't hesitate to approach HR or the internal complaints committee if you feel uncomfortable.
Familiarise yourself with the company's policies so that you know your rights.
If a female employee with considerable work experience is facing abuse:
With more experience, you might be in a better position to utilise the company's formal mechanisms.
You may file a complaint with HR or the ICC, if necessary under the PoSH Act.
If a male employee is facing abuse:
Harassment laws apply to everyone and men have the same right to protection. Follow the same processes. Document your experiences and seek legal advice if needed.
If a senior employee is accused of harassment:
Stay calm and cooperate with the investigation fully.
Make sure to provide all the necessary details and understand that, as a senior leader, your conduct sets an example.
Avoid retaliation, as it can worsen the situation.
Let's consider a situation where an employee approaches the HR but isn't guided well or is forced to shut up or quit/forcefully resign.
What should the employee do in such a situation?
If HR isn't responsive, it's critical to keep records of all interactions -- emails, dates and any conversations you had.
If HR fails to help, escalate the matter to higher management or the internal complaints committee.
You can also seek external legal advice to understand your rights.
If you're forced to resign, you may have grounds for a claim of wrongful termination, especially if your resignation was due to harassment or hostile treatment.
If an employee is terminated after s/he raises the complaint and the evidence/witness turns hostile, what should s/he do?
If you are terminated after filing a complaint, you could take legal action against the company for unfair dismissal.
If a witness turns hostile, cross-examination can help uncover inconsistencies.
Reassuring witnesses about confidentiality can also encourage them to speak up.
In the absence of witnesses, you can rely on other evidence like emails, messages or records of past behaviour.
Legal recourse is always an option, even if things seem difficult.
Some companies have whistleblower policies in place. If the employee has raised a complaint under these policies, they may be protected from retaliation and the company can be held accountable for the unfair termination.
On the other hand, one can look into other forms of evidence such as emails, messages and recordings to corroborate their claims.
Even in cases where witnesses or evidence turn hostile, pursuing external legal or administrative action can still provide avenues for justice.
Can an employee file for workplace harassment without physical proof or evidence of abuse?
Yes, an employee can file a workplace harassment complaint even without physical proof or direct evidence.
To strengthen the case, the employee should explain all incidents meticulously and mention details of the abusive behaviour.
In cases of verbal or subtle abuse, patterns of behaviour are crucial and these can be recognised by internal committees.
Utilising the company's internal complaints mechanisms, such as the HR department or an internal complaints committee, can also provide formal recognition of the issue and lead to further investigations even without solid physical evidence.
Maintaining anonymity and protecting against retaliation is often taken care of by ICC members wherever necessary.
Sometimes during the enquiry, the body language of the parties or past behaviour comes in handy while determining such cases.
If the HR/seniors/organisation refuses to hear your complaints, what is the next step?
If HR, seniors or the organisation refuse to address your complaints about sexual harassment, it is crucial to maintain a paper trail, possibly documentation to demonstrate a lack of concern or diligence.
If the issue persists, you can escalate the matter to the higher authorities within the organisation, such as the CEO or the board of directors.
In severe cases, filing a complaint with the police can be helpful.
Additionally, consult a lawyer to understand one's rights and explore further legal options.
Dear Readers, have you faced harassment at the workplace? Do you know anyone who has?
How did you deal with it?
Did you report the incident/s or did you quit?
How did you heal from the abuse? Did you take professional help?
What were the lessons you learnt that can help others?
In the light of Anna Sebastian Perayil's tragic demise, we hope the real life experiences we are presenting will help others who are facing a similar situation.
Write to us at getahead@rediff.co.in (subjectline: Workplace woes). If you can, please do share your name and location. If you wish to remain anonymous, please do let us know; we will respect your wishes.
