Provincial Training Sexual Harassment at Workplace – Rules & Regulations

The #MeToo movement has gathered momentum across the world with many celebrities coming out about sexual misconduct by men in the workplace. With women constituting about half of the global population, it’s important to ensure they have safeguards for protecting their rights and status at workplaces. In this direction, the Government of India has implemented the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. In this article, we look at the rules and regulations that prevent sexual harassment at workplace in detail.

What is Sexual Harassment at Workplace?

According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, any of the following circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:

1. Implied or explicit promise of preferential treatment in her employment.

2. Implied or explicit threat of detrimental treatment in her employment.

3. Interferes with her work or creating an intimidating or offensive or hostile work environment for her.

4. Humiliating treatment likely to affect her health or safety.

Sexual harassment includes unwelcome sexually determined behaviour such as:

1. Physical contact.

2. Demand or request for sexual favours.

3. Sexually coloured remarks.

4. Showing pornography.

5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Duties and Responsibilities of Employers

Under the Sexual Harassment of Women at Workplace Act, 2013, all employers have the following duties and responsibilities:

1. Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;

2. Display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4 of the Act providing that every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”: Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices;

3. 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;

4. Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an enquiry;

5. Assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;

6. 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;

7. 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 in force;

8. Cause to initiate action, under the Indian Penal Code, 1860 or any other law for the 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;

9. Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;

10. Monitor the timely submission of reports by the Internal Committee.