SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL)

ACT, 2013

INTRODUCTION

It is an Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

The Act came into force on 22 April 2013

THE LAW RECOGNIZES

Gender equality under Article 14 of the Constitution of India and

the right to life and live with dignity under Article 21 of the Constitution

which includes a right to a safe environment free from sexual harassment.

OBJECTIVE OF THE LAW

No woman shall be subject to

sexual harassment at any workplace

SEXUAL HARASSMENT MEANS

Unwelcome sexual behavior of direct or implied nature such as

Physical contact & advances Request for sexual favours Sexually colored remarks Showing pornography & unwelcome physical, verbal or non-

verbal sexual conduct

THE INGREDIENTS OF SEXUAL HARASSMENT

Must be unwelcome

Sexual in nature

Must occur at Workplace

WORKPLACE INCLUDES

organizations, departments, institutions, office, branch unit etc. in the public/private sector, both organized and unorganized,

hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex,

NGOs, trusts, cooperatives, societies , service providers &

any place visited by the employee in the course of employment including transportation

KINDS OF WORKPLACE HARASSMENT

Hostile Work Environment

Quid Pro Quo Environment

HOSTILE WORKING ENVIRONMENT MEANS

Creating an intimidating work environment & humiliating treatment likely to affect woman’s health/safety

A pervasive form of sexual harassment that makes the work environment 'hostile'

sexist remarks, display of pornography or sexist/obscene graffiti, physical contact/brushing against female employees make work environment hostile

QUID PRO QUO SEXUAL FAVOURS

Implied or explicit promise of preferential treatment in job, threat of detrimental nature & threat to job

sexual favours or advances in exchange for benefits

This refers to sexually explicit behaviour or speech becomes a condition for employment

Refusal to comply with a 'request' leads to retaliatory action such as dismissal, demotion, difficult work conditions.

KINDS OF EMPLOYEES COVERED

regular/temporary/ad-hoc/daily wage employees, whether for remuneration including volunteers

Contractual worker, probationer trainee apprentice etc

ALL WOMEN COVERED

irrespective of her age or employment status,

in the organised or unorganised sectors public or private and covers clients, customers and domestic

workers

EMPLOYERS RESPONSIBILITY

To provide safe work environment devoid of harassment

Preventive measures to be taken Formulate a policy that prohibits

harassment as part of service rules Policy should say what constitutes

sexual harassment Policy to explain complaint procedures

NO HARASSMENT POLICY

There is a no-sexual harassment policy framed The policy set forth an express commitment to

eradicate and prevent sexual harassment with express prohibition of sexual harassment. an explanation of penalties (including

termination) the employer will impose for sexual harassment &

with a detailed outline of the grievance procedure

CONSTITUTION OF INTERNAL COMPLAINT COMMITTEE

The Sexual Harassment Act requires an employer to set up an 'Internal Complaints Committee' ("ICC“) at each office or branch, of an organization employing at least 10 employees.

* Provided that where the offices of administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

FEATURES OF ICC

Internal Complaints Committee has been set up with 4 members to deal with the cases of harassment.

Such a committee is headed by a _________

ICC has two members i.e.____ & _____among the employees of the Company

ICC have half its members as women & include a third-party representative from an __________NGO conversant with sexual harassment

HOW TO MAKE A COMPLAINT?

A complaint by the aggrieved women can be made in writing, however if complaint cannot be made in writing, Member of ICC will provide all the reasonable assistance to the women for making complaint in writing.

Do not make general allegations such as the Manager harassed me. Be specific.

Tell exactly what happened with detail, dates, witnesses & documents

Be honest. Do not lie, as you could be sued for your lying

Also, request what you want like “I want you to reassign me to a different manager”.

Your employer need not have to accept your suggestion, but your input will be helpful.

TIME LIMIT

A complaint of sexual harassment can be filed within 3 months

However it may be extended to another 3 months - if the woman can prove that grave circumstances prevented her from filing the complaint.

PROVISION FOR CONCILIATION

The ICC can take steps to settle the matter between the aggrieved woman & the respondent,

This option will be used only at the request of the woman.

Monetary settlement shall not be the basis of conciliation.

If the settlement is not complied with by the respondent, the complainant can go back to the Committee to initiate an inquiry

COMPLETION OF INQUIRY

The Committee is required to complete the inquiry within 90 days.

On completion of the inquiry, the report will be sent to the employer within 10 days of completion of enquiry

they are mandated to take action on the report within 60 days

COMMITTEE TO RECOMMEND ACTIONS

the Committee can recommend action against the respondent as per the rules

the committee can recommend deduction of an appropriate sum from the salary of the respondent or

ask the respondent to pay the sum.

FALSE COMPLAINT

If complaint is false with malicious intent, the complainant can be penalized as per the Service Rules or any other manner as may be prescribed

An enquiry to de conducted prior to establishing malicious intent

Mere inability to prove the case will not attract penalty

PROHIBITS DISCLOSURE OF IDENTITY

Disclosure of the identity and addresses of the aggrieved woman, respondent and witnesses prohibited

Information regarding the justice secured to any victim, without disclosing the identity, can be disseminated

CIVIL SUIT FOR DAMAGES

Civil suit can be filed for damages under tort laws.

For mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.

CONCLUSION

Law makes sexual harassment as a legal wrong

Long term aims and goal of harmony at both work and society at large should be kept in mind.

Legal recourse will build up confidence amongst female employees.

Employers to ensure a safe and supportive atmosphere which will enhance the productivity

THANK YOU

SAURABH SOMANI(COMPANY SECRETARY &

COMPLIANCE OFFICER)G. G. DANDEKAR MACHINE WORKS

LIMITED