Sexual Harassment At Work
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 This superseded the Vishakha Guidelines introduced by Supreme Court of India.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- Do not publish, communicate or make known to the public, press and media in any manner, the contents of the complaint, the identity and addresses of the aggrieved woman,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
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.
Chrinstine
September 22, 2016
Way cool! Some very valid points! I appreciate you penning this write-up and also
the rest of the site is also very good.
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Chrinstine
September 27, 2016
This is a topic which is near to my heart… Cheers! Where are your contact details though?
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CompliFact Editor
September 28, 2016
Thanks. You can visit us at http://www.complicheck.in
Jane
September 29, 2016
I could not resist commenting. Well written!
my blog post Jane http://www.yahoo.net
rama shanker
November 9, 2016
nice topic , everyone should be aware!!