Sexual Harassment at work Place Roll No Athul Chandran

Time Line Of law The Sexual Harassment Of women at workplace (Prevention, Prohibition and Redressal ) Act 2013 came into force on 22nd April 2013 It replaced the Vishaka guidelines 1997 of the supreme court. LokSabha passed the bill, without any debate, on 3rd September 2012 RajyaSabha passes it on 26th February 2013

Sexual Harassment means Unwelcome Sexual behaviour of direct or implied nature such as Physical contact and advances Request of sexual favor Sexually colored remarked Showing pornography Unwelcome physical, verbal or non verbal sexual conta ct.

Kinds of sexual Harassment There are two types of sexual Harassment Quid Pro Quo Hostile environment

Quid Pro quo sexual harssment Occurs when a employee submission to or rejection of unwelcome sexual advances or conduct is use as the basic for an employment decision effecting that employee.

Classic example of Quid pro quo sexual Harassment. If you want promotion, you must sleep with me. If you do not work to be disciplined for being late and missing work you must go out on a date with me.

Hostile Work Environment. Hostile work environment sexual harassment is created when unwelcomed harassment is severe or pervasive Enough to alter the condition of an individuals employment or creates or abuse, intimidating, hostile or offensive working environment.

Hostile environment Severe or Pervasive Generally a single or isolated incident is not enough to create a hostile environment However, a single or unusually severe incident of harassment may be sufficient to create a hostile work environment, particularly when the harassment is physical.

Workplace includes Organizations, Departments, Institution, Office, Branch unit etc. In the public/private sector, both organized and unorganized, Hospitals, nursing homes, educational institutions, sports institutes, stadium, sports complex, Any place visit by employee in the course of employment including transportation.

Employer means Employers includes the head or the person responsible for formulation and administration of policies of the workplace The person discharging contractual obligation with respect to his/her employees For a domestic workers the person who benefits from that employment.

Kinds of employees covered Regular/ temporary / daily wages employees, whether for remuneration including volunteers Contractual worker, probationer trainee apprentice etc.

All women Irrespective of her age or employment status, In the organized or unorganized sectors, Public or private Covers clients, customers and domestic workers.

Employers responsibility Employers 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.

Steps employers should take Prohibition of sexual harassment & to notify it in appropriate ways. The conduct rules should include rules prohibiting sexual harassment and provide for penalties Private employers should include the above said prohibitions in the standing orders under the industrial employment (standing orders) act 1940 Provide work condition in respect of work, leisure, health and hygiene with no hostile environment towards women and not disadvantaged

Time Limit A complaint of sexual harassment can be filed within 3months May extended to another 3months if the woman can prove that grave circumstances prevented her from filing the complaint.

Completion of Inquiry The committee is required to complete the inquiry within 90days. On complete of the inquiry, the report will be sent to the employer or the district officer They are mandated to take action on the report within 60days

Committee to recommend actions The committee can recommend action against the respondent as per the rule The committee can recommend deduction of an appropriate sum from the salary of 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 An enquiry to be conducted prior to establishing malicious intent Mere inability to prove the case will not attract penalty

The law recognizes Gender equality under article 14 of the constitution of Indian 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.

Thank you