How your company can deal with Sexual Harassment at Workplace?
How your Organization can deal with Sexual Harassment at Workplace?
These days we hear a lot of harassment to women employees at a work place. It is the duty of the employer to ensure a safe working environment for women employees.
That is the reason why Sexual Harassment of women at work place Act(Prevention, Prohibition and Redressal) Act 2013 was passed by the parliament.
https://www.youtube.com/watch?v=wRBQBJXp8qs
What Steps needs to be taken?
If your company has more than 10 employee then it is mandatory to constitute Internal Complaints Committee to prevent sexual harassment at Workplace.
How to constitute the committee?
Every employer of a workplace shall, by a!1 order in writing, constitute a Committee
to be known as the ” lnternal Complaints Committee”:
at all offices
(2) The lntcrnal Committee shall consist of the following members to be nominated by
the employer. namely: ·-·
(a) a Presiding officer who shall he & woman employed at a senior level at
workplace from amongst the employees:
Provided that in case a senior level woman employee is not available, the
Presiding Officer shall be nominated from other offices or administrative units of the
workplace
Provided further that in case the other offices or administrative units of the
workplace do not have a senior level woman employee, the Presiding Officer shall be
nominated by other workplace of the same employer or other department or
organisation;
(b) not less than two Members from amongst employees preferably committed
to the cause of women or who have had experience in social work or have legal
knowledge;
(c) one member from amongst non-governmental organisations or associations
committed to the cause of women or a person familiar with the issues relating to sexual
harassment:
Provided that at least one-half of the total Members so nominated shall be women.
(3) The Presiding Officer and every Member of the Internal Committee shall hold office
tor such period. n
ot exceeding three years, from the date of their nomination as may he
specified by the employer.
What type of complaint committee can handle?
(i) implied or explicit promise of preferential treatment in her employment: or
(ii) implied or explicit threat of detrimental treatment in her employment; or
(iii) implied or explicit threat about her present or future employment status: or
(iv) interference with her work or creating an intimidating or offensive or hostile
work environment for her; or
(v) humiliating treatment likely to affect her health or safety.
What action the committee may take?
1. Warning
2. Written apology
3. Bond of good behaviour
4. Adverse remarks in the performance assessment
5. Debarring from teaching duties or duties as a guide or examiner or as a resource
person
6. Denial of membership of statutory bodies
7. Denial of re-employment or renewal of contract.
8. Stopping of increments/promotion
9. Reverting, demotion
10. Suspension
11. Dismissal
12. Any other relevant mechanism
Non compliance of the Act.
If your company is not implementing the provisions of the Act it can be fined upto Rs. 50000/-
By: Adv. Nitish Banka
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
