CONCEPT NOTE

Saahiil Karkhanis (10BAL124)

Nidhida Sharma (11BAL095)

(i) Law relating to prevention of stress and depression in public and private
employment in India.

(ii) Background
Stress is a relatively new phenomenon which has become much more prevalent
because of socio-economic changes in the surrounding world. Stress and depression in
places of employment has become an increasing concern for both public and private
employment units. Lower levels of co-worker support has been observed to increase
the odds of depression among working age adults leading to absenteeism and reduced
productivity. Incidents of stress and depression often remain unaddressed because of
either employee’s reluctance of losing their job or the employer’s fear of hampering
his company’s reputation.

It is often argued that stress should not affect a person’s work in professional capacity
but the fact is that the effects of stress and depression are so profound that it cannot be
ignored. Work-related stress occurs generally because of an imbalance between the
demands of the job and the resources and capabilities available to the individual for
the accomplishment of such demands.

The Associated Chambers of Commerce & Industry in India (ASSOCHAM) made

certain revelations in 2015 which were shocking. 4 in every 10 professional surveyed
across Delhi, Bangalore and Mumbai suffered from depression. Depression leads in
the list of diseases affecting corporate executives. The even more disturbing truth is
the fact that 55% of these people were under the age of 30. The World Health
Organization shows that 9% people in India suffer from extended periods of
depression, making India one of the most depressed countries in the world.

In India, there are no particular laws governing the behaviour of employers and co-
workers in private and public employment sector. Factors such as bad working
atmosphere, over-load of work, sexual harassment, exploitation and low pay-scale are
some major reasons leading to a person’s disturbed mental health, but often a lack of
motivation and appreciation shown by employers towards their employees in their
work is also one of the key reasons for them to feel stressed. In this competitive
world, inability to achieve the given targets leads to the feeling of incapacity and
inferiority. Problems like these cannot be attributed to behavioural issues but they are
a result of an individual’s own approach.

Considering the situation and the lack of legislation in place, this act seeks to address
the given issues by formulating guidelines to make working conditions of an
employee better and regulate the behaviours of the employers and co-workers as well.
By creating and formulating a working administrative and implementing mechanism
within both public and private employments sectors for attending to and disposal of
these cases.

(iii) Objective: To promote prevention of stress and depression arising from the place
of work to all persons employed in public and private sector.

(iv) Expected accomplishments

EA1 To identify and address all reasons affecting a person’s mental health leading to
stress and depression, arising out of public and private employment

EA2 To ensure improved and organized means of data-collection of various cases

leading to stress and depression in workplaces, to enable the authorities to address
them appropriately.
 STRESS AND DEPRESSION IN WORKPLACE (Prevention
and Redressal) Act, 2016
An act to make provisions for the prevention and redressal of stress and depression in
public and private employment sector.

CHAPTER I
PRELIMINARY
1. Short Title, Extent and Commencement- (1) This Act may be called Stress
and Depression in Workplace (Prevention and Regulation) Act, 2016.
(2) It extends to the whole of India.
(3) It shall come into force from the first day of June, 2016.

2. Definitions- In this Act, unless there is anything repugnant in the subject or

context,-
(a) “Employer” means any person who employs, whether directly or through
another person, or weather on behalf of himself or any other person, one or
employees for services in a public or private employment sector.
(b) “Employee” means any person employed at workplace on regular or
temporary basis by the employer or his authorized agent.
(c) “Workplace” includes public employment sector unit and private
employment sector unit.
(d) “Public Employment” means any organization under the control of any
government in India which employs persons at federal, state or local level
for services.
(e) “Private Employment” means any organization run by a private individual
or group of persons, without any state control over it.
(f) “Mental health” includes a person’s psychological state, emotional
stability and social well-being.
(g) “Mental Illness” includes stress and depression.
(h) “Stress” means an adverse reaction of the body in response to any work
related demands and pressures causing inability to cope that disturb a
person’s mental and physical health.
(i) “Depression” means a low state of mood that affects a person’s sense of
well-being.
(j) “Psychiatrist” means a medical practitioner holding a post graduate degree
or diploma in psychiatry recognized by the Medical Council of India.

3. Prevention of Stress and Depression- (1) No employee shall be subject to

stress and depression at any workplace.
 (2) The following circumstances may amount to stress and depression:-
(i) Humiliating treatment which is likely to affect the mental health of
the employee; or
(ii) Creating an intimidating or offensive environment at workplace; or
(iii) Threatening employee with respect to present or future
employment status; or
(iv) Preferential treatment of salaries made to employees of the same
class; or
(v) Subjecting employees to exploitation by allotting unachievable
targets.

CHAPTER II
CONSTITUION OF INTERAL GRIEVANCE REDRESSAL COMMITTEE

4. Constitution of Internal Grievance Redressal Committee- Every employer

of a workplace shall constitute an “Internal Grievance Redressal Committee”.

5. Composition of Internal Grievance Redressal Committee- (1) The

Committee shall consist of the following members nominated by the
employer, namely:
(a) A Presiding Officer who shall be a senior level employee of the
organization;
(b) One member from within the employees who has either had past
experiences of stress and depression at workplace or is committed to the
cause;
(c) One professional psychiatrist in his course of practice.

(2) The member of the Non-Governmental organization shall be remunerated

by the employer for holding the proceedings of the Internal Grievance
Redressal Committee.

6. Term of Internal Grievance Redressal Committee- Every member of the

internal committee shall hold office for a period not exceeding three years,
from the date of their nomination.

CHATER III
COMPLAINT PROCEDURE

7. Complaint of Stress and Depression- (1) Any employee aggrieved by the

actions of an employer may make in writing, a complaint of stress and
depression at workplace to the internal committee.
 (2) In cases where the aggrieved employee is not capable to make a complaint
owing to mental incapacity or death, his legal heir may make a complaint
under this section to the committee.

8. Conciliation- The internal committee shall strive to first take steps to settle
the matter between the parties through conciliation before initiating an inquiry
under section 9. Where such a settlement has been arrived at, no further
inquiry shall be conducted by the internal committee.

9. Inquiry- On receiving complaint: (1) The committee will identify whether a

prima facie case exists.
(2) If and when the committee finds that a case exits, the complainant shall be
given an opportunity to be heard.
(3) The findings of the same shall be intimated to the respondent.
(4) A meeting shall then be called upon by the internal committee with the
complainant and the respondent where the parties shall be given an
opportunity to make their representations.

10. Powers of the Committee- (1) For the purpose of the inquiry, the internal
committee shall have the same powers as that of a civil court under the Code
of Civil Procedure, 1908 namely,
(a) Summoning and enforcing attendance of any person and examining him on
oath;
(b) Requiring the discovery and production of documents; and
(c) Any other matter which may be prescribed.

(2) The inquiry under section 9 shall be completed within a period of ninety
days.

11. Inquiry report- (1) On the completion of inquiry, the internal committee shall
present its findings with reasoning within the prescribed time period and the
copy of the same shall be provided to the parties.
(2) Where the internal committee arrives at the conclusion that there is no
cause for reprimanding the respondent, then no action is required to be taken
to in the matter.
(3) Where the internal committee arrives at the conclusion that there is
sufficient cause for reprimanding the respondent, then the local committee
may:-
(i) Take an action for misconduct for causing stress and depression
against the respondent;
 (ii) Deduct from salary or wages any amount deemed appropriate by
the internal committee; or
(iii) Impose a fine upon the employer as deemed appropriate by the
internal committee.

CHAPTER IV
DUTIES OF EMPLOYER

12. Duties of Employer- Every employer shall:

(a) Provide a safe and healthy working environment to the employees
at the workplace;
(b) Provide training and awareness programmes at regular intervals for
sensitization of employers and employees;
(c) Provide necessary infrastructural and technical facilities to the
internal committee for dealing with the complaint and conducting
inquiries efficiently;
(d) Provide motivation and encouragement to employees in their
course of employment; and
(e) Provide assistance and create an environment of friendly
competition amongst the co-workers.

CHAPTER V
MISCELLANEOUS

13. The internal committee may subject to the availability of financial and other
resources-
(a) Procure relevant information and training material and organize
awareness programmes, for prevention of stress and depression of
employees at workplace; and
(b) Formulate orientation and training programmes for the conduct of
employers and employees.

14. Where the employer fails to-

(a) Constitute an internal committee under section 4; or
(b) Contravenes or attempts to contravene the provisions under this
act,

he shall be punishable with fine which may extend to fifty thousand rupees.
15. If any employer, having been previously convicted for the cause of stress and
depression to an employee subsequently commits the same act, shall be liable
to:
 (a) Twice the penalty which might have been imposed in the last
instance.

16. No appeal shall lie against the decision arrived at by the internal committee.