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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Duties of employer.
Every employer shall—
a. provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;
b. display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under subsection (I) of section 4;
c. organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;
d. provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;
e. assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
f. make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9;
g. provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being 45 of 1860. in force;
h. cause to initiate action, under the Indian Penal Code or any other law for the 45 of 1860. time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
i. treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
j. monitor the timely submission of reports by the Internal Committee.
Duties of employers
The sexual harassment of women, prevention act 2013 was passed by our Indian parliament and came into force from 9-dec-2013, this is commonly called posh act and this was enacted to ensure a safe and secure working place for women. It provides protection to women in their work environment from sexual harassment
The posh act helps women for Redressal in the event of a coming; the posh act was formed on the basis of Visaka guidelines by Supreme Court of India in its judgment – Visaka vs. state of Rajasthan. This Posh act also brings domestic workers into its ambit.
The act will ensure that women are protected against sexual harassment at workplace, public or private, organized or unorganized regardless of their age and status, the act also covers students in schools and college even patients in a hospital.
The posh act creates a mechanism for Redressal of complaints and also safe guards against false charges. Under the act employers who employ more than 10 employees will have to set up internal committee to investigate complaints.
Employers can be fined Rest 50000, if they fail to comply
Every organization has to set to internal committee if they have more than 10 workers. The district officer who is the nodal officer wills committee known as LCC, local compliance committee to receive complaints against establishments.
These IC and LCC committees would handle all complaints of sexual harassment.
Every organization apart from constituting ICC or LCC, shall also train all their employees on sexual harassment awareness.
It’s essential for every organization who is interested in their growth to ensure every woman in their organization is safe from sexual harassment. Sexual harassment is detrimental to the company’s interest in the long run. Sexual harassment always creates a hostile work environment which will reduce company productivity if left unchecked.
Leaving aside the legal implications, it’s essential every organization develops a conducive atmosphere for one and all. Educating everyone in the organization on the do’s and don’ts goes a long way.
Negligence
Imparting training on preventing sexual harassment is equally important as not neglecting an occurrence of sexual harassment. Every manager should be well aware of their surrounding and should keep and open eye to what’s happening in their teams. It’s imperative to remember Nip the evil in the bud. Managers who are aware of preventing sexual harassment can not only help their organization but also help create a more conducive working environment.
Knowledge of the Harassment
If you have knowledge of the harassment it’s imperative you act immediately, again knowledge preventing sexual harassment and the Posh ACT, understanding the company internal policy will go a long way in preventing harassment.
If you have knowledge of a specific incident and do not report it according to your organizational policy or as per posh act you are equally responsible.
Keeping quite or inaction is also punishable; you are only helping the harasser continue his actions. This is especially true if you are the manager of the victim and the harasser. The harasser will continue his actions or even aggravate the situation just because you as their manager did not take any action in spite of knowing about the sexual harassment
Response to the Harassment
Preventing sexual harassment is as equally important as the response to the harassment. As we have time and again mentioned it’s very difficult for a women to complain.
free online / offline workplace harassment training is to be conducted in every organization
In a male dominated society, its almost impossible for a women to complain, let alone get justice. If you get a complaint regarding sexual harassment first thing is to do what is laid down by your organizational policy on preventing sexual harassment. Never Judge the complainant.
Prevention of harassment training exercises