IT CAN HAPPEN TO YOU

[psyche_08]

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hope this helps


ANTI SEXUAL HARASSMENT POLICY
Procedure in Filing a Complaint:

SECTION 1. Complaint.

a. Must be in writing and signed by the complainant. It shall contain the following:

1. Full name, address, designation and department of the complainant;
2. Full name, designation and department of the respondent;
3. Statement of relevant facts;
4. Evidence, in support of the complaint, if any;
5. Documents, such as written statement/s of witness/es, in support of the complaint, if any.

b. Must be filed directly with ER. An ER Officer shall provide information, guidance and other forms of assistance to the complainant within two (2) business days. Should
the case be filed with any other officer or employee, he/she shall directly transmit and refer the case to HR - ER Unit.

c. In the absence of the aforementioned requirements, the complaint shall be dismissed without prejudice to its refiling.

d. Withdrawal of the complaint at any stage shall not inhibit the Committee from proceeding with the investigation where there is obvious truth or merit to the allegation of the complaint or direct evidence that can prove the guilt of the respondent.

SEC. 2. Action on the Complaint. – Should the complainant decide to pursue the case further, will issue a Notice to Explain to the respondent in regard to the charges of sexual harassment filed against him/her by the complainant. It should be noted that ER will act on complaints that are sufficient in form and substance otherwise, the complaint will be considered invalid and dismissed without prejudice to its refiling. This action is done within three (3) working days upon receipt of complaint.

SEC. 3. Reply. - The respondent is required to submit his explanation or written affidavit within two (2) working days from receipt of notice with a copy furnished to the complainant. This affidavit shall contain the following:

a. Full name, address, designation and department of the respondent.
b. Statement of relevant facts.
c. Evidence, in support of the response, if any.
d. Documents, such as written statement/s of witness/es, in support of the response, if any.
e. Respondent’s failure or refusal to reply within the said period without justifiable cause shall be construed as a waiver of his/her right to challenge the charges and
shall entitle the Committee to consider the case for resolution without the respondent’s evidence.

SEC. 4. Convening the CODI. – ER shall convene a CODI at this stage. Article XIII shall serve as the guideline in the formation of CODI.

SEC. 5. Informal Conference. - The Committee shall allow a maximum of two (2) informal conferences between the parties involved before a formal investigation as a means to exert best efforts to resolve the case amicably. This shall not involve counsels for both parties nor having both parties present in one setting, as this will be an informal forum where both parties present and clarify their sides of the case. It shall be conducted within three (3) working days from the receipt of the respondent’s reply and shall be terminated within five (5) working days from the date of the first conference.

Any resolution reached by the parties shall be documented, signed and attested to by both parties and the Committee; and shall resolve with finality the case and bar the filing of any other complaint before any other forum in the company arising from the same incident.

SEC. 6. Formal Proceedings. The Committee will proceed to formal proceedings should the informal conference/s not merit resolution for both parties.

a. Investigation and Hearing.

1. The Committee shall conduct a preliminary investigation by examining all documents submitted by both complainant and respondent..
2. A preliminary hearing shall commence not later than five (5) days from the receipt of the complaint by the Committee or from the date of the last conciliation
conference. Counsels of their choice may assist both parties this time.
3. The Committee shall take full control of the proceedings and shall take all procedures and measures to determine the truth. The Committee shall examine both
parties and their witnesses based on the respective affidavits, which shall take the place of their direct testimony.
4. Subsequent hearings will be scheduled by the Committee should it need to further clarify matters at hand.
5. Hearings, Meetings and/or conferences shall be set at least two (2) days with specified time, date and place prior to the actual date. Thereafter, the schedule
previously set shall strictly be followed without further notice.
6. Investigation shall conclude at the soonest possible period of time, preferably within seven (7) business days, and with the least expense to both parties.

b. Postponement.

1. No postponement shall be granted except in meritorious cases. The Committee shall decide on what is considered meritorious and not.
2. A party shall be granted only a maximum of two (2) postponements upon verbal or written request. A further postponement may be granted only upon written
request and is subject to the discretion of the Committee on Decorum and Investigation.
3. A party’s failure to appear at the scheduled hearings despite due notice shall constitute that his/her right to be present and/or submit his/her evidence/s. The
committee will proceed only with what has been presented.

c. Report and Recommendation. - Within three (3) working days after the last hearing date, the Committee shall submit to the VP of Human Resources, results of its
Investigation, Report and Recommendation, together with all the records of hearing, evidence, statements and relevant considerations.

SEC. 7. Decision. - The VP of Human Resources shall act on the Committee’s report and recommendations within seven (7) working days from date of receipt. His/her decision on the matter shall constitute final resolution of the complaint. The decision shall be furnished to both parties.

SEC. 8. Appeal. - The party adversely affected by the decision may seek to appeal his side of the case from the VP of Human Resources within three (3) working days from receipt of decision thereof.

a. Grounds for Appeal

1. New evidence has been discovered which materially affects the decision rendered; or
2. The decision is not supported by the evidence/s on record.

b. Only one (1) appeal per party shall be entertained. First party to appeal shall be within three (3) working days after the decision. Should the second party appeal, it
shall again be within three (3) working days after the decision (on the first appeal). The VP of Human Resources shall then resolve the matter within three (3)
working days from receipt of the appeal/s if the grounds are that of Sec. 8.a.ii. Otherwise, VP will order the Committee to reopen the case and conduct proceedings
as stated in Sec. 6.

c. An appeal is deemed filed on the date stamped on the official copy by the proper receiving authority (Employee Relations Officer/Manager).

[kalaboso]

well, pakipot lang na ang employee.... perhaps she is just asking for more.... instead of just plain promotion.... I am thinking there is more to the "cold shoulder thingie" .... she is actually use this at her advantage... which is what women are doing to guys these days... is it a crime if you fall in love to your co-employees subordinates? coz i beliv the Boss is just trying to be assertive on his feelings towards the pretty employee. Coz it doesnt state here that the Boss is married.

[Mr.Ho_chia]

Document everything, the Law has ample protection for harassed employees. and if it is a strategy by the employee to lure the employer and get money out of it, so be it. Positionally, its the employer's call if He decide to play along. dapat mas wiser ang employer. :mrgreen:

[PANDALiciousss]

success in work is important but if it's her dignity that has to answer for it then why not resign and look for another one? or probably confront the boss bt still in a professional way regarding his indecent proposal or whatsoever and see what happens. She still has the right to confront him anyway since he didn't give her the respect she deserved in the 1st place. Completely disregarding his acts won't help at all. If nothing happens after confrontation, then she should file a complaint and make sure she has the necessary evidence.

[jayjayjay]

yehhh 8s true do it in a proper way. tell ur boss u don't like him....

[misha lang]

this is a sexual harassment. get an evidence but the best thing to do is to look for another job!

[omad]

A Male Boss who repeatedly invited his pretty female subordinate to go with him to a motel. He would often times get near her work area and whispers sweet nothings to her, like "i love you". The pretty employee repeatedly disregarded and rejected the invitations, until her Boss get mad. She on the other hand was afraid that she might get deprived or discrminated from promotions or any performance rewards if she continue to sward-of her Boss's invitations & advancement.
__________________________________________________ _________________________________________
well that could be an option, but there is no guarantee that it will not happen again to the other employers. perhaps she will just take the offer..... what do you think? practical na ta karon diba?
__________________________________________________ _________________________________________
well, pakipot lang na ang employee.... perhaps she is just asking for more.... instead of just plain promotion.... I am thinking there is more to the "cold shoulder thingie" .... she is actually use this at her advantage... which is what women are doing to guys these days... is it a crime if you fall in love to your co-employees subordinates? coz i beliv the Boss is just trying to be assertive on his feelings towards the pretty employee. Coz it doesnt state here that the Boss is married.

kalaboso:

as far as your statements here are concerned, it's pretty obvious that you're leaning more to the Boss' side rather than the harassed employee. now tell me, are you and the "Boss" the same exact person and you're just fishing for opinions or strategies on how to get to her pants? you know what, I don't have to be a rocket-scientist to figure out the subtleness of this chauvinistic overtures you're displaying here.

"cold shoulder thingy", "use this to her advantage", "perhaps she will just take the offer", "pakipot lang na ang employee" and "these are what women are doing to guys these days" aren't exactly phrases showing sympathy for the harassed subordinate. you actually stopped short of branding her a "flirt" or worse a "whore".

WHAT'S WRONG WITH YOU??

stop hiding behind the "Boss" character... your cover's already been compromised. I don't think people in this forum would condone such acts of cowardice. one piece of advice, power ie position in a certain company doesn't necessarily give you the go-ahead to harass your subordinates and treat them like pieces of meat.

BUT if you decide on going that route, be ready to face the consequences.

[tinchie]

well, if ma manipulate sa imong boss ang taga HR sad... dapat nang pa ratratan nang boss nimo... joke lang... hehhe! i'd better make a plan to entrap him... hehhee! para sure jud na naa evidence kay basin mo ingon lang na hinimo2x lang unya niya... that happened to my cousin, siya pa ang gipa sanginlan na nangilad... she was fired... but she got help from my relatives and then poof... he became koko crunch.. btaw, ambot na unsa nato iyang boss pag human...

[kolehiyala]

basta if you plan to file a complaint.. collect reliable and relevant evidences. make sure the evidences will be admitted in court.

[kalaboso]

omad:

lets face it.... in the real world it is a jungle out there.

are you employed? so perhaps you have a first hand experiences of cruelty in the employement world. if not then this is pointless!

you see , employment is a RAT RACE. who ever gets out first off the bucket full of butter WINS.

I am not the BOSS or the person hiding behind the "BOSS". I am just trying to point out here that, this incidence really happens and there are rampant immorality happening in the work places for a bottomline.

becoz at the end of the day it is the BOTTOMLINE that matters. would'nt you agree?