INTRODUCTION
It is an Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. The Act came into force on 22 April 2013
Sexual in nature
Must be unwelcome
WORKPLACE INCLUDES
organizations, departments, institutions, office, branch unit etc. in the public/private sector, both organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex, NGOs, trusts, cooperatives, societies , service providers & any place visited by the employee in the course of employment including transportation
EMPLOYERS RESPONSIBILITY
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
NO HARASSMENT POLICY
There is a no-sexual harassment policy framed The policy set forth an express commitment to eradicate and prevent sexual harassment with express prohibition of sexual harassment. an explanation of penalties (including termination) the employer will impose for sexual harassment & with a detailed outline of the grievance procedure
FEATURES OF ICC
Internal Complaints Committee has been set up with 4 members to deal with the cases of harassment. Such a committee is headed by a _________
ICC has two members i.e.____ & _____among the employees of the Company
ICC have half its members as women & include a third-party representative from an __________NGO conversant with sexual harassment
A complaint by the aggrieved women can be made in writing, however if complaint cannot be made in writing, Member of ICC will provide all the reasonable assistance to the women for making complaint in writing. Do not make general allegations such as the Manager harassed me. Be specific. Tell exactly what happened with detail, dates, witnesses & documents Be honest. Do not lie, as you could be sued for your lying Also, request what you want like I want you to reassign me to a different manager. Your employer need not have to accept your suggestion, but your input will be helpful.
TIME LIMIT
A complaint of sexual harassment can be filed within 3 months However it may be extended to another 3 months - 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 90 days. On completion of the inquiry, the report will be sent to the employer within 10 days of completion of enquiry they are mandated to take action on the report within 60 days
FALSE COMPLAINT
If complaint is false with malicious intent, the complainant can be penalized as per the Service Rules or any other manner as may be prescribed An enquiry to de conducted prior to establishing malicious intent Mere inability to prove the case will not attract penalty
CONCLUSION
Law makes sexual harassment as a legal wrong Long term aims and goal of harmony at both work and society at large should be kept in mind. Legal recourse will build up confidence amongst female employees. Employers to ensure a safe and supportive atmosphere which will enhance the productivity
THANK YOU
SAURABH SOMANI
(COMPANY SECRETARY & COMPLIANCE OFFICER) G. G. DANDEKAR MACHINE WORKS LIMITED