Prevention of Sexual Harassment in the Workplace
The workplace should be where the employees can simultaneously work and gain professional experience and personal growth while learning in a positive and healthy environment. With this effect, India, in 2013, established the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, a robust legislative framework, to safeguard the rights of women in the workplace.
Provisions of the Act
1. Internal Complaints Committee (ICC)
All employers having 10 or more employees must have an Internal Complaints Committee (ICC) to deal with sexual harassment cases. The members of the ICC must meet any of the following qualifications:
- The Presiding Officer must be a woman employee working at a senior level in the organization.
- At least two members should commit to women's causes, legal knowledge, or social work experience.
- One external member associated with the committee must be either from a Non-government organization or association, which is devoted to women's rights, or a person having experience and expertise in sexual harassment issues.
- More than half of the members to constitute this committee must be females.
Such a committee will consider complaints, hold inquiries, and advise on action to be taken by the employer. ICC members' tenure is three years from the date of their appointment.
2. Local Complaints Committee (LCC)
In organizations having less than 10 employees, the LCC is constituted by the District Officer. The LCC deals with such cases where the ICC is not constituted and cases of complaints from unorganized sectors or the alleged harasser being the employer.
3. Grievance Redressal Procedure
Filing of complaint: The complaint should be filed within 3 months from the date of the incident by the aggrieved woman. The committee may consider further extending the period by three more months if they deem the delay is justified.
Facilitating Filing: If a complainant cannot file a written complaint owing to physical or mental incapacity, her legal heir or a nominated person shall file it. The committee shall facilitate that.
Conciliation: The committee may resort to conciliation between the parties at the request of the aggrieved woman before initiating an inquiry. No monetary settlement shall, however, be permitted at the stage of conciliation.
Inquiry Process: The committee initiates inquiry after the complaint is filed in accordance with the rules of service. The inquiry must be held within 90 days.
4. Penalty and Consequences
In case the respondent is found to be guilty of sexual harassment, strict action is initiated against him. After the inquiry is conducted and the report is finalized, the ICC or LCC makes recommendations for the appropriate action to be taken by the employer or District Officer.
Possible Punishments:
- Deduction of wages or salary as compensation awarded to the complainant.
- Dismissal or demotion of the respondent in cases of conviction.
- Taking appropriate action if the harassment does not constitute an offense under service rules.
- The law also prescribes penal consequences for false complaints made out of malice. Merely failing to support a complaint does not invite penal consequences.
YKG Global
At YKG Global we play a crucial role in helping organisations create safe and compliant workplaces.
Our Services encompass:
- Drafting comprehensive POSH policies that clearly define unacceptable behaviors and outline effective reporting mechanisms.
- Assisting in establishing and training Internal Complaints Committees (ICC) to ensure they can handle complaints effectively
- Specialized training sessions for employees and management to promote awareness through workshops
- Follow-up audits to maintain compliance with the regulations and to establish feedback mechanisms that encourage anonymous reporting of concerns
Our goal is to aid the organization in fostering a positive workplace culture where all employees feel safe and respected, enhancing overall employee well-being and organizational integrity.
