Classification of Contracts in Business Regulations
Sexual harassment awareness session
1. SEXUAL HARASSMENT OF WOMEN
AT WORKPLACE ACT, 2013
(Prevention, Prohibition & Redressal)
Date of Presentation :
28.12.2018
BY :- Anuradha Singh
18/10/2017Medchal GST Commissionerate
3. It’s a legal requirement to prevent,
prohibit and address this issue at
“Workplace”
18/10/2017Medchal GST Commissionerate
4. Vishakha Guidelines
Supreme Court of India Judgement 1997
(Ref: Vishakha and Ors. V State of Rajasthan)
The judgment of August 1997 provided the basic definitions
of Sexual Harrasment at the workplace and provided
guidelines to deal with it. It is seen as a significant legal
victory for women's groups in India
Estalished that “Sexual Harassment violates a woman’s
right in the workplace and is thus not just a matter of
personal injury”
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5. “In the absence of enacted law to provide for the
effective enforcement of the basic human right of
gender equality and guarantee against sexual
harassment and abuse, we lay down the guidelines and
norms specified hereinafter for due observance at all
work places or other institutions, until a legislation is
enacted for this purpose. …and it is further emphasised
that this would be treated as the law declared by this
Court under Art. 141 of the Constitution.” (Honorable
SC in Visakha Guidelines)
18/10/2017Medchal GST Commissionerate
6. Post The Delhi gang rape case 2012, the central government
appointed a judicial committee headed by Shri. J. S. Verma, a
former Judge of Supreme Court, to suggest amendments to
criminal law to sternly deal with sexual assault cases.
The Criminal Law (Amendment) Ordinance, 2013 passed
18/10/2017Medchal GST Commissionerate
7. TIMELINE
2010 -The Sexual Harassment of Women at workplace
(Prevention, Prohibition and Redressal)Bill, 2012 was
introduced in the Lok Sabha
2012 – The Bill was passed by Lok Sabha
2013 – The Bill was passed by the Rajya Sabha,
received President’s assent and published in Official Gazette
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8. PREAMBLE OF THE ACT
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.
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9. APPLICABILITY
Extends to whole of India
Every Organisation who has more than 10 employees.
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10. AGGRIEVED WOMAN
All women working or visiting any workplace
• Regular employee
• Temporary employee
• Adhoc
• Daily wages
Engaged directly or indirectly (contractor)
Working for remuneration, voluntary or otherwise
Terms of employment may be express or implied
Could be a co-worker, contract worker, probationer, trainee,
apprentice, visitor
Also covers woman working in dwelling place or house
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11. WORKPLACE
Any place visited by the employee arising out of or during
the course of employment including transportation
provided by the employer
Covers organised and unorganised sector
Govt organisations
Pvt sector organisations
Hospitals/nursing homes
Sports institutes, facilities
Dwelling or house
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12. WORKPLACE…CONTINUED
Office parties
Off sites
Out bound trainings
Client meetings
Training sessions
Travel for office purpose
Any place where one visits in the course of employment
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13. Sexual Harassment includes any one or more of the following
unwelcome acts or behavior (whether directly or by implication) namely:
physical contact and advances or
a demand or request for sexual favour or
sexually colored remarks or
showing pornography or
other offensive or derogatory pictures, cartoons or
any other unwelcome physical, verbal or non-verbal conduct of
sexual nature.
SEXUAL HARASSMENT
14. Following acts when in relation to behaviour of Sexual Harassment may
amount to sexual harassment
(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.
Sec 3(2) of the Act
15. EMPLOYER
Workplace of Central Government / State Government/ Local
Authority/Body
-The Head or the Officer Specifies
Private Workplace
-The Person responsible for the
management/supervision/control
Dwelling House
-The person who employs /benefits from such employment
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16. Provide Safe Working Environment
Display at conspicuous places the penal consequences of sexual
harassment and the order constituting the Internal Complaints
Committee(ICC)
Organize workshops and awareness programs at regular intervals
for sensitising employees with the provisions of the act and
orientation program for the internal committee
Provide facilities for the internal committee for dealing with the
complaint and conducting enquiry
DUTIES OF EMPLOYER
17. Assist in securing the attendance of respondent and witnesses before
the internal committee
Provide assistance to a woman if she chooses to file a complaint in
relation to the Indian Penal Code or any other law for the time being
in force
Cause to initiate action under the Indian Penal Code or any other
law in force for the time being, if the woman so desires, where the
perpetrator is not an employee in the workplace where the incident
of sexual harassment took place
Treat Sexual harassment as a misconduct under the service rules and
initiate action for such misconduct
Monitor timely submission of reports by internal committee
18. Employer with more than 10 employees shall pass an order, in writing,
to create ICC at all branches & act on its recommendation.
At least half of the committee members shall be women
Members of the Committee
• Presiding Officer who shall be a woman employed at a senior level at
workplace from amongst the employees
• Not less than two members from amongst employees preferably committed
to the cause of women/ experience in social work/ have legal knowledge
• One member from the NGO/ associations committed to the cause of
women/ person familiar with the issues relating to sexual harassment
• The Committee members to hold office for three years and External
member will be paid fees
INTERNAL COMPLAINTS
COMMITTEE (ICC)
19. Need to make in writing (6 copies) along with supporting
documents with the name and address of the witnesses
Complaint to be made within 3 months of the incident or from last
instance in case of series of incidents
The Committee shall assist the aggrieved woman to make the
complaint in writing
It can extend the time for filing complaint if it is satisfied with the
reason for the delay
If she is unable to do so due to mental or physical incapacity then the
legal heir or the person as may be prescribed may make a complaint
under this section.
SEXUAL HARASSMENT
COMPLAINT
20. The internal committee has same powers as are vested in a civil court,
such as
Summoning and enforcing attendance of any person and examining
him on oath
Requiring the discovery and production of documents
Any other matter which may be prescribed
Inquiry to be completed within 90 days
INQUIRY INTO THE COMPLAINT
21. INQUIRY PROCESS
Follow the Principles of natural Justice
Order Ex-parte or terminate the proceedings if the complainant
or Respondent fail to be present for three consecutive hearings
Legal Practitioners are not permitted
Confidentiality to be maintained
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22. To be provided to the employer by the Internal Committee, within 10 days of
completion of inquiry and to be made available to the concerned parties.
If the committee reaches a conclusion that the allegation against the
respondent has not been proved, it shall recommend to the employer that no
action is required against the respondent.
If the committee reaches a conclusion that the allegation against the
respondent has been proved, it shall recommend to the employer
To take action as a misconduct in accordance with the provisions of service
rules applicable to the respondent, where no such service rules have been
made, in such a manner as may be prescribed
To deduct an amount appropriate from the salary or wages
The Employer shall act upon the recommendations within 60 days.
INQUIRY REPORT AND
RECOMMENDATIONS
23. RECOMMENDATIONS
In case allegations are Proven
Service Rules to be followed as for “misconduct”
Disciplinary Actions like Written Apology, Warning
Reprimand
With-holding of promotion
With-holding of pay increase or increments
Counselling Sessions
Community Service
Termination from services
Financial Damages
Additional recommendations to address underlying factors
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24. Punishment for False or Malicious Complaint and False Evidence
Mere inability to substantiate a complaint or provide adequate
proof need not attract action against a complaint.
If the internal committee comes to a conclusion that it was a false
and /or malicious accusation and /or the witness has given false
evidence or produced any forged or misleading document, it may
recommend the employer of the complainant and/or the witness to
take action in accordance with the provisions of the service rules or
where no such service rules exist, in such manner as may be
prescribed.
FALSE ACCUSATION
25. For the purpose of determining the sums to be paid to the aggrieved
woman, the internal committee shall base it on:
The mental trauma, pain, suffering and emotional distress caused to her
The loss in career opportunity due to the incident of sexual harassment
Medical expenses incurred by the victim for physical or psychiatric
treatment
The income and financial status of the respondent
Feasibility of payment in lump sum or in instalments.
DETERMINATION OF
COMPENSATION
26. Notwithstanding anything contained in the Right to information
Act, 2005, following can not be communicated or made known
to public, press or media
Identity and address of the aggrieved woman, respondent or
witnesses
Any information relating to conciliation and inquiry
proceedings, recommendations of the internal committee
Action taken by the employer
There is a penalty for the person entrusted with the duty to handle
or deal with the complaint, inquiry, recommendations or actions
for the publication or making known the contents of complaint
and inquiry proceedings.
CONFIDENTIALITY
27. CONCILIATION
1. Initiate conciliation process in the form of
Verbal warning
Counselling
Educating
Appoint neutral conciliator to resolve
1. Forward the findings/ conciliation resolution to
employer
2. The choice for conciliation is of the
complainant
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28. INTERIM MEASURES
The ICC may recommend:
1. Restrain the respondent from
reporting on work performance of the Aggrieved
woman
Writing her Confidential Report, appraisal
Supervising her academic activities
1. Transfer the Complainant or Respondent
2. Place Complainant or Respondent on Leave
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29. 18/10/2017Medchal GST Commissionerate
Timelines as per the Act
TIMELINES
Submission of Complaint Within 3 months of the last incident
Notice to the Respondent Within 7 days of receiving copy of
the complaint
Completion of Inquiry Within 90 days of complaint
Submission of Report by ICC/LCC
to employer/DO
Within 10 days of completion of
the inquiry
Implementation of
Recommendations
Within 60 days
Appeal Within 90 days of the
recommendations
30. MONITORING BY THE EMPLOYER
1. Submission of Annual Report
No of cases received
No of cases disposed of
No of case pending more than 90 days
No of workshops/awareness sessions carried out
Nature of action taken by employer
1. Inspection
Make available any information, records or document
including physical inspection of workplace
1. Mention in the Directors Report (Private Sector)
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31. 1. Penalty of INR 50,000/- , where the employer
Fails to constitute an ICC
Fails to act on the recommendation of the ICC
Fails to file Annual report
Contravenes or abets the contravention of the provisions of the
Act
1. In the event of repeat of a breach
Twice or higher the punishment prescribed
Cancellation/ withdrawal/ non renewal of license/ registration
for carrying out the business
CONSEQUENCES OF NON
COMPLIANCE
32. APPEAL PROVISIONS
A person aggrieved by the orders of the ICC or in the case of non-
implementation of the orders may file an Appeal with
appropriate authority
Either party can chose to seek justice through the regular court of
justice
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Right to life means life with dignity. Gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognised basic human right.
In the absence of enacted law, the Supreme Court in the Vishaka judgement (1997) has laid down the guidelines and norms for compliance at all work places/institutions. Under article 141 of the Constitution, these guidelines and norms of the Supreme Court are required to be treated as THE LAW OF THE LAND.