Romance at Workplace : Debate (Part - 2)

Romance at Workplace : Debate (Part - 2)Recently,				over the phone and people around me can request
we had one very interesting debate on "workplace				me to talk in a softer voice - that is a comment
Romance". What if one of your male employees likes				covered by their freedom of speech, but they cannot
to spend his "Free time" with one of his female				touch me or snatch away the phone etc. That will be
Colleague. We tried to find following things:1. Is it wrong				a violation of my freedom.Manager can raise objection
or right?2. If the management have any right to				only if the person's work performance drops - and
intervene?3. Should there be any policy to have a				that drop in performance is a valid grounds for action.
check on such "interactions"?4. It is his or her personal				The company's "code of conduct" policies must be
life and no one should interfere.5. If this is a right of an				inline with the country's laws - else the company
individual and the organization let them continue?I am				cannot take action based on arbitrary "code of
sure you will find this debate...an interesting one.The list				conduct" which is in violation with the country's laws. I
of participants: Veena Dhamankar, Arun Kottolli, Vivek				recall a legal case in 1986-87, where McMillan
Raghuvanshi, Gopika Rani, Madhukar Kaushik, Usha				publications fired a woman for wearing Jeans to work
Gowri, Meera, Deepak Miglani, Puja Jhunjhunwala, S.				- citing their "code of conduct" regarding dress rules,
Madhavan, Rajendran Mani, Jyotsna Cheruvu, Saumitra				the lady went to court and Bombay high court ruled in
Yadav and Sanjeev Sharma (Himachali)Veena				the employee's favor citing that in absence of a work
Dhamankar: I recently had an experience. One of my				uniform, employees have freedom of _expression.If a
office (female) colleagues is closely involved with one				person's activities are not obscene or illegal, people can
male colleague. They go for lunch together; they sit in				do it in public spaces. If other persons in the place are
bus together and wherever they go they are together.				disturbed then the other employees will have to learn
Because of that lot many discussions, chit chatting etc				to adapt - or their performance will drop. Other
is going in the company. Ours is a male dominated				employees can raise objection (this is covered under
organization and only few female employees are				their freedom of speech) but the management cannot
working.One day my President called me and asked				take action if such an action will be in violation of the
me to talk to that girl and prompt them that such things				law - irrespective of the "company policy" or "code of
are not good at working place. So I called her and				conduct".Please note that the law of the country takes
talked to her very politely that I've received a				precedence over the company policy. No HR policy or
feedback like this and.... etc. You will not believe what				company policy can be above the law. Period.As long
answer she gave:"I sit with that person in bus because				as person's activities do not affect his/her work
I don't find myself comfortable with others. I like that				performance - then company has no right. The legal
person and it is my personal matter what others have				standing here is the employee's performance - and not
to do with this.				his personal life.If a person's act of talking to other
And I'll not stop all this because people are				employee (or any other actions) is causing a
discussing".Madhukar Kaushik: These are behavioral				disturbance to others, even then company cannot take
issues and counseling by HR in such matters might				action as long as the person's actions are legal. Note
boomerang if pursued further. If at all, another				that the person's legal rights take precedence over
counseling is being thought by your management as				everything else. To explain this, take an example of a
"worth a try". A very senior person in the organization,				male employee raising an objection to another female
who has acceptability and respect among the				employee wearing a skirt/pants - citing that her way
employees at large, should do it.My advice to you is				of dressing was disturbing him and affecting his
that you should report the attitude and response of the				performance. Here company cannot take action
lady to your President. This reporting should be done				against the lady - as she has not done anything illegal.
very truthfully, almost verbatim (without adding your				But the company can take action against the
perceptions in it). Let the President decide further				employee who raised the objection - because he was
course of action.Meera: Guess if the so-called close				violating the fundamental rights of the female
involvement is not affecting the productivity of both				employee.In the current example, the lady & the
parties and they are not being indecent in their				gentleman in question have not done anything illegal -
behavior and interaction, I am sure the organization				so the persons raising objection are at legal risk - as
should not have any objection.The behavior needs to				their objection violates the fundamental rights of the
be professional in the professional environment and				other employees (lady & gentleman in question).To
what they do in their private lives should not concern				explain this, consider the celebration of "Ganesh"
the organization -- unless it something that affects the				festival in the company premises. If such celebrations
organization and others in it in the long run ... like drinking				do not affect the company's performance or its
habits, drug addiction, etc.Usha Gowri: Workplace				employees performance, then such festival is allowed.
affairs all over the world are a huge problem-esp. if				Other employees who find this religious function as
one is Senior and teh other stands to gain by this				offending cannot raise objection because freedom of
intimacy				religion is a fundamental right in India. Thus raising
My take-does it affect work? --Not necessarily how				objection becomes illegal.All that I am trying to tell here
others are affected by it.				is that the company's actions and HR policies must be
Are they performing at work? -I mean the work they				inline with the country's laws. Company cannot cite
are expected to do and as long as what they are				their policy or code of conduct if these policies are in
being paid for is being done well....				violation of the country's laws. So I am telling all HR
If they are, then, I think it's nobody's business if there is				professionals to keep in mind about the law while
chemistry, they are having a sexual relationship or if				developing/enforcing policies.Arun Kottolli: I agree with
they are whatever.				Saumitra, the lady & gentleman in question have not
As long as moral codes of physical intimacy is not				done anything illegal - and their acts are within their
happening in the premises of the organization-we				fundamental rights in India.If these two persons had a
cannot penalize people for falling in love or being				boss-subordinate relationship at work, then there is a
attracted to anybody and as Vive says there is no				risk of sexual harassment and a possibility of
sexual harassment (both for men and women) then				misconduct. Under such circumstances, HR has to
leave it alone. As they say when and if the relationship				intervene to see that no inappropriate sexual
breaks get ready to replace-do a succesion planning!!S.				exploitation is taking place. The company will be at
Madhavan: If it affects the work and distract the				legal risk if there was a potential of sexual harassment
working atmosphere, u should worry about it. If they				- as both company and the manager will be held
move as friends I do not thing the organization should				liable.Sanjeev Sharma: Arun, Have you been to India
bother about it. If their behavior is decent, u can advise				anytime during last 3-4 years? Have you visited any of
your chief you cannot offend them just because				the Call Center/Contact Center or BPO? If yes, then
somebody does not like this.Deepak Miglani: I want to				you would not have said all these...giving all these logical
ask that is the sexual harassment world relate only				reasons. Talk practical. No company has any policy,
with woman?				which is against the Law of the Land.Because
There are lot of sections in our law which, discriminate				companies didn't had any policy...no discipline...and now
men and violates the fundamental right of ours i.e. Right				you will see people romancing in the organization,
to equality.Rajendran Mani: Almost all one of us facing				taking drugs in the organization...having physical
this issue, Sanjeev's view on this subject is				relations. There is dirt all over in those organizations.
correct.Jyotsna Cheruvu: What Sanjeev says is true				You talk about GECIS (Now Genpact); WNS;
to the extent that one needs to follow the rules of the				IBM-Daksh; Infosys-Progeon; Wipro Spectramind...any
game as long as you're playing. But the question I				of the top BPO. And, now probably it is too late to
would like to put in is, in a male dominant office, where				control that. There also it started with a simple thing...a
in the president interferes and directs the HR, why is it				guy talking to girl.Violation of Rights and DisciplineHave
that the girl is called first (or it sound like she is only				a look at this...1) In FMCG companies and production
called)? Let it be for both separately and check the				companies all employees undergo thorough
opinions of both of them equal. Probably the counseling				body-checks.2) A cashier in a company or bank
should go on seniority basis. Ladies first may not be				undergoes a thorough check to the extent that
the right way here.And it is necessary that the girl and				security person counts the money in his wallet...every
the boy made known that anything disturbing the				time he enters or leaves the premises.3) In
environment needs serious consideration from				Call-Centers/BPO's you are not suppose to carry any
HR.Karunakaran.J: Sanjeev, You are 100 % right,				computer related accessory into the organization...CD's,
employee should follow the company policy when they				Floppies, Pen-Drive nothing. In some companies you
are in the office premises this is punching				are not even suppose to carry mobile or hand phones.
point.Saumitra Yadav: First of all i must pay my				You should keep your mobiles or hand phones on
respect to the lady for her upright stand on her basic				vibration/silent mode.4) In some companies you cannot
& fundamental right to live the way she wants to.				even access Internet.Does any of these is violation of
Please understand one thing it is no crime when two				"Employee Rights" or "Human Rights"?NO.
people from opposite sex are staying together in the				Organizations are formed with certain vision, mission
office premises unless they are not showing any				and purpose and none of the purpose is to "Let the
indecent behavior, which is publically not permitted, &				people romance in the organization". Nobody is
not hampering the job, which they have been assigned.				interfering with the freedom...you can interact with
Suppose they are in love, so what let them may be, it				anybody...anytime, provided it is related to your
is the case of two consenting adults finding emotional				work...provided it is related to company. I cannot let my
solace in each other. They are responsible for there				company premises to become "Love-Garden"...for that
behavior & they perfectly understand the outcome of				you have other places to go. It is just for the person to
their relationship.From company point of view you must				distinguish between personal and professional
see are they in senior & junior position, is the senior				life.Sanjeev Sharma: Ok. I agree that as of know these
providing extra benefits to the junior which he or she				two people are just moving around together and have
does not deserve, are there relationship is hampering				not done anything obscene. If it is my company, I
the career of other co-worker. As a HR person your				should wait till the time they do any such activity and
concern should be limited to the above-mentioned two				take any action if required, only after that. I should not
things, that's all. We must understand that in today's				take any preventive measures. I should wait till the
competitive world every body is stressed to limit & in				family members of either or both the persons enter
constant search of true friend who can share his or				into my office and accuse me for harbouring and
her stress & these relationship are the outcome of				encouraging such activities.Yes, they are preforming
these situations so we must handle it with maturity &				well...there is no problem in their performance. I have
understanding.Marguerite: Arun, Your message I felt is				one more couple...they are very dedicated to work...high
very correct. Am surprised how people claim that				performers but only during the break they get into
interfering into someone s personal issue is their				"physical mode". I should not do anything, their
birthright. I do not understand how a management can				work-performance is very good...and why should I
become a judge about people having affairs (be it				interfere in their personal life...their personal-right?I have
extra marital or whatever). As far as there is no				one more person...very good
disturbance in the output and they do not get involved				person...hardworking...punctual...but take drugs. It is Ok.
publicly into anything that is obscene, it is not the				He is a performer and why should I worry about
headache or the duty of the management to counsel				that?Conclusive remarks given by Arun Kottolli:
them. The management must be busy with things that				Basically, I think there is a cultural issue here. I come
are important about attaining its objectives for the				from a cultural background, which encourages strong
year. In a company where there are thousands of				individualism, and the company policies are designed
employees working can all such affairs be taken for				with that in mind. But in India, it is a collectivism that is
an issue?I think reacting to this extend about such				more prevalent and important - therefore policies are
issues is not going to be of any use. We need more				designed with the collective in mind. The BPO/Call
focus on improving the bottom lines of the originations				center examples highlight the collective mindset and
that we work for. That is the principle purpose why all				the policies being implemented are in that direction.In the
of us (even HR) are recruited for in a				current example, I think what Sanjeev is talking about,
company.Madhukar Kaushik: Saumitra, With due				primarily comes from the background that collective
regards to yours and others' similar opinions, it is quite				benefits must rule over Individual rights. And I think that
easy for each one of us to advise Veena, but, it is a				Individual rights must be honored.Girl talking to a guy or
difficult situation for her - she simply can not sermonize				vice versa, As in the case here - where there is no
her President, upholding whatever is going on.While				physical contact or a drop in their work related
advocating the validity of such openly practiced				performance, is not illegal as per the law and therefore
relationship, let us not forget the context in which we				company cannot have a policy banning it.If two people
live. I have seen even many husbands and wife pairs				exchange confidential information, or indulged in a
working in same office, same department, but even				physical act at public place - that is illegal. You can
they don't do any exhibition of their relationship. Wise				have a policy to prevent such activities.However their
are those who know where their LAKSHMAN				is a thin line if the romance is between the boss and
REKHA gets drawn.Indian Society will need many				the subordinate, in such cases, the HR policies can be
years still to become Americanized (I am not talking of				drafted such that they are separated into different
Metro Cities)Arun Kottolli: Stringiest policies will make				departments - such that they do not report into each
companies fail; these policies will make talented people				other. This is primarily done to prevent any potential
not work for such companies. Look at HP, Google,				sexual harassment cases and unethical practices of
Nokia, Southwest Airlines, etc. Look at their policies and				favoritism etc.
see how these policies are implemented - and you will				I would love to have your comments and feedback
learn the best HR practices in the world.I lived in US for				on this issue...not only from India but also across the
several years, and I know my freedoms. I can talk				globe.

Ppr V

Romance at Workplace : Debate (Part - 2)

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