What is Indian Labor Law-Sexual Harassment in the Workplace in India?

In order to protect female employees from sexual harassment in the workplace, to correct sexual harassment and related behaviors in the workplace, to provide complaints and remedies, India’s 2013 Workplace Sexual Harassment (Prevention, Prohibition and Correction) Act and the 2013 Workplace The Sexual Harassment (Prevention, Prohibition and Correction) Rules for Women have been promulgated and entered into force to regulate this.

Definition of sexual harassment: The definition of “sexual harassment” in the bill includes physical contact and teasing that makes the victim react resistant, making sexual requests or requests, using pornographic signs, displaying pornographic content or any other unwelcome physical or verbal related to sex. Verbal behavior.

Any explicit or implied promises related to employment relationships, preferential treatment, discriminatory treatment, threats to professional situations, interference with work, creating improper working environment, insulting work treatment (such as affecting the health and safety of employees), and other behaviors related to sexual harassment are “sexual harassment”.

What is the scope of application of the Workplace Sexual Harassment Law on women 2013?

The scope of application of the 2013 Workplace Sexual Harassment (Prevention, Prohibition and Rectification) Law on Women includes:

All regular or temporary employees
Daily wage settlement personnel
Dispatched workers
Probationary workers
Whether directly employed or employed by other agencies
Students or apprentices
Paid unpaid or voluntary, with employment or employment expressions, etc.

In addition, the “Sexual Harassment of Women in the Workplace (Prevention, Prohibition, and Correction) Act 2013” has a relatively broad definition of “workplace”, which includes almost all state-owned and private organizations with female employees.

The 2013 Workplace Sexual Harassment of Women (Prevention, Prohibition and Correction) Act also sets up an institutional complaint mechanism called the “Internal Complaint Committee”, whenever a female employee is subjected to sexually suggestive misconduct in the workplace, Female employees who have been harassed can have access to complaints and relief.

The internal complaint committee has the following powers: Summon relevant personnel and inquire
Investigate relevant documents and evidence materials
Other related matters

Responsibilities of the employer/employer:

1) Provide a safe working environment.

2) Display the consequences of sexual harassment and form an internal complaint committee in a prominent place in the workplace.

3) Regularly organize publicity programs and activities to improve employees’ understanding of the content of the bill.

4) Provide necessary facilities and conditions for the daily inquiry and investigation activities of the Internal Complaint Committee.

5) Help and assist the complainant and witness to safely attend the internal complaint committee.

6) Help and assist the internal complaint committee to obtain information related to related complaints.

7) Provide help and assistance for relevant female employees to choose to make complaints or accuses in accordance with the criminal law or other laws.

8) Identify sexual harassment as improper conduct and take necessary measures

9) Follow up and understand the reports regularly issued by the internal complaint committee.

10) Others

The 2013 Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Correction) Act stipulates that for failure to form an internal complaint committee as required, a fine of up to 50,000 rupees can be imposed.

Those who fail to make corrections as required will face double penalties or revoke their business licenses or other qualifications if they repeat the same illegal acts.

Conclusion

The 2013 Penal Code of India (Amendment) incorporates all sexual harassment behaviors into criminal behaviors and stipulates punishment rules. Employers should truthfully report the existence of related sexual harassment illegal and criminal behaviors to relevant agencies.

Author’s Bio

Name: Ajay Rastogi

Educational Qualification: LLB

Profession: Advocate / Lawyer

Work Experience: 20 Years of Legal Practice

Profile Link: https://lawjc.com/members/advajayrastogi/