Sexual Harassment At Work

Sexual Harassment at work

Posted by on September 18, 2016

Sexual Harassment of Women at Workplace Act got President’s assent and came into force from 9th December 2013. This superseded the Vishakha Guidelines introduced by Supreme Court of India. It has been observed that very few companies are compliant to this statute. Any workplace with more than 10 employees are required to implement it. Government is threatening to tighten its noose and take stringent actions against the employers who fail to comply with this law.

 

Highlights

  • Creates a mechanism for redressal of complaints while providing safeguard against false or malicious charges
  • Cover the concept of ‘quid pro quo harassment’ and ‘hostile work environment’ as forms of sexual harassment
  • Committee is required to complete time bound inquiry in 90 days and submit report to the employer/district office and take action on the report within 60 days
  • Every company is required to constitute and Internal Complaints Committee with 10 or more employees
  • Employers must conduct education and sensitisation programmes and develop policies against sexual harassment
  • Government can order an officer to inspect workplace for records related to sexual harassment

Key Compliances under the Act

  • Constitute a committee to be known as ” Internal Complaints Committee”, at all administrative units or offices consisting of following members nominated by the employer: a) a presiding officer who should be a woman employed at a senior level at workplace from amongst the employees; b) not less than 2 members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; c) 1 member from amongst non-governmental organization or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment
  • Do not publish, communicate or make known to the public, press and media in any manner, the contents of the complaint, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee, and the action taken
  • Ensure to obtain the annual report (details prescribed) from the Internal Committee
  • Display at a conspicuous place in the work place the penal consequences of sexual harassment and the order constituting the Internal Compliance Committee
Non compliance to the legislation has a provision of cancellation of registration or the license

Non compliance to the legislation has a provision of cancellation of registration or the license

Consequence for Non Compliance

  • Fine of 50,000 for first offence
  • Repeated violation may lead to higher penalties and cancellation of registration or license to conduct business

Use Complicheck to track hundreds of such compliances. Get the list of compliances along with information related to applicability, due date and a built in tracking tool to stay on top of these compliances.

Comments

  1. Leave a Reply

    rama shanker
    November 9, 2016

    nice topic , everyone should be aware!!

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