sexual harassment of women at workplace act 2013
TRANSCRIPT
SEXUAL HARASSMENT OF WOMEN
AT WORKPLACE ACT, 2013(Prevention, Prohibition & Redressal)
Updated on April 16th , 2015
BACKGROUND OF THE ACT
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YEAR EVENT AUTHORITY
2007 Draft guidelines approved Union Cabinet
2010 Bill introduced Lok Sabha
2012 Passed by Lok Sabha
2013 Passed By Rajya Sabha
2013 Received President’s Assent Published in Official Gazette
CHAPTERS OF THE ACT
Chapter
I : Preliminary
II : Constitution of Internal Complaints Committee by an Employer
III : Constitution of Local Complaints Committee by District Officer
IV : Complaint
V : Inquiry into Complaint
VI : Duties of Employer
VII : Duties & Powers of District Officer
VIII : Miscellaneous
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APPLICABILITY
Extends to whole of India
Every organisation who has more than 10 employees.
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WHO CAN BE AN AGGRIEVED PERSON?
Anyone who is a Female
Irrespective of age
Status (single, married or divorced)
Whether an employee of the organisation
or an outsider
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Types of Sexual
Harassment
Demand or request for
Sexual Favors
Threat about employment
status
Promise for Preferential treatment
Detrimental treatment
Humiliating treatment
which affects her health
Offensive of hostile
environment
Physical Contact & Advances
Unwanted physical,
verbal or non verbal conduct
of sexual nature
Showing pornography
Making Sexually colored remarks
[email protected] COMPLAINTS COMMITTEE (ICC)
ICC(Minimum 4)
Presiding Officer
(Must be Women)
Other Members
One person from NGO committed to cause of women or
familiar with issues relating to sexual harassment on allowance basis
•Employer with more than 10 employees in writing shall pass an order to create ICC at all branches & act on its recommendation.•Atleast ½ of the committee members shall be women
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LOCAL COMPLAINTS COMMITTEE (LCC)
Constitution of LCC
(5 Members)
Must be Women
Chairperson
Eminent Social person working for the cause of
Women
Working in the nearby area
Belonging to the Schedule Caste or Tribe or Backward
Class
May or May not be Women
Ex- Officio
Concerned officer Dealing with social welfare or
women & child development in the area
Have law or legal knowledge
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District Officer shall create LCC to receive complaints from:-• Where ICC has not been set due to less than 10 employees in the organisation• If complaint is against the employer• Nodal officer within 7 days
TENURE OF THE COMMITTEE MEMBERS
The Presiding Officer or the Chairperson
and other members of ICC & LCC
shall hold office for such period not exceeding 3 years
from the date of appointment as prescribed by the Employer or the DistrictOfficer as the case may be.
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WHO CANNOT BE A PART OF THE COMMITTEE?
Contravenes section 16
Convicted for an offence or enquiry under any law is time being pending againsthim/her.
Has been found guilty or disciplinary proceeding is pending against her
Has abused his/her position as to render his continuance in office prejudicial tothe public interest
COMPLAINT
Need to make in writing (6 copies) along with supporting documents with thename and address of the witnesses.
within 3 months
of the incident or
from last instance in case of series of incidents
The Committee
shall assist the aggrieved person to make the complaint in writing.
can extend the time for filing complaint if it is satisfied with thereason for the delay
If she is unable to do so due to mental or physical incapacity then the legal heiror the person as may be prescribed may make a complaint under this section.
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PERIOD IN WHICH THE COMPLAINT NEEDS TO BE SET
OFF!!
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Within 3 months
of the last instance Aggrieved shall give written complaint
Within 7 days
the Committee shall send a copy of the complaint to the respondent
Within 10 Days
from receipt of the complaint Respondent shall file a reply along with documents, name & address of the witnesses
Within reasonable time period
The committee shall give the recommendations
Within 90 Days
An Appeal can be filed against the recommendation
COMPLAINT SETTLEMENT THROUGH CONCILIATION
At the request of the aggrieved women take steps to settle the matter betweenher and the respondent through conciliation before making an enquiry.
Though no monetary settlement shall be considered
Post settlement ICC or LCC shall record the settlement
Send the same to the employer or the District Officer to take action as specifiedin the recommendation.
Committee shall also provide the copies of the recorded statement to theaggrieved women and the respondent.
Where an settlement has arrived no further inquiry shall be made by thecommittee
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INQUIRY INTO COMPLAINT
In case the respondent is an employee the committee shall proceed inaccordance with the service rules.
where not available or applicable shall forward the complaint to the police under509 of the Penal Code and relevant provisions within 7 days if prima facia caseexist.
Also if the complainant informs the committee that any terms or condition of thesettlement has not been complied then the committee proceed to make anenquiry or forward the complaint to the police
If both are employees then opportunity to be heard shall be given equally
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INQUIRY INTO COMPLAINT
Notwithstanding anything contained in the section 509 of the Penal Code maydirect the respondent to pay sums as it may appropriate to the aggrieved womenhaving regard to section 15
During the pendency of an inquiry the committee may recommend:-
Transfer the aggrieved women or the respondent to new work place
Grant leave to the aggrieved up to a period of 3 months which shall be in addition to the leave entitled to her
Grant any other relief as may be prescribed
Employer shall implement upon the recommendation and send a report to the committee
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INQUIRY REPORT
Within 10 days of completion of the enquiry the committee shall provide reportto the employer or district officer as the case may be and should be available tothe concerned parties
If the committee arrives at the conclusion that the allegation has not been provedit shall recommend to take no action.
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RESPONDENT PROVED GUILTY
Take action in accordance with the provisions of the service rules applicable,where no such rules has been made, in such manner as prescribed
To deduct from the salary or wages or direct such sum as it may considerappropriate to be paid to aggrieved or her legal heirs in accord with sec. 15
The concerned authority shall act upon the recommendation within 60 days ofits receipt.
IF ALLEGATIONS PROVED TO BE WRONG
If false complaint made or any forged documents being produced the committeemay recommend to take action as per the service rules or as otherwiseprescribed.
But if the complainant is unable to provide adequate proof then no action is to betaken
The malicious intent shall be established after an enquiry in accordance has beenmade with the prescribed procedure.
Committee arrives at an conclusion that during inquiry false evidence has beenproduced then it may recommend action against the witness as per service ruleor as prescribed
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SECTION 15 (DETERMINING OF SUMS TO BE PAID)
Committee shall need to have regard to:-
The mental trauma, pain suffering and emotional distress caused to the aggrieved
The loss in the career opportunity
Medical expenses incurred post the incident
Income & financial status of the respondent
Feasibility of such payment in installment or in lump sum
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SECTION 16 (MAINTAINENCE OF SECRECY) Notwithstanding anything contained in the Right to Information Act
The Complaint
Identity & Address of Aggrieved, respondent and witness
Information relating to the conciliation, Inquiry and recommendation by the committee
Action taken by employer or District Officer
Shall not be published, communicated or made known public, in media in any manner
Safe Working Environment and safety frompersons coming into contact at the workplace
Display
The penal consequences of sexualharassment
Order constituting the Committee
Organise workshops and awarenessprogrammes at regular intervals
Providing necessary facilities to thecommittee for dealing with complaint andconducting an inquiry
Assist in securing the attendance of witness &respondent before the committee
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DUTIES OF EMPLOYER
[email protected] OF EMPLOYER
Make such information available to thecommittee as it may require in accordance withthe complaint lodged
Provide assistance to the aggrieved if shewishes to file the complaint under Indian PenalCode or any other law in force
Treat sexual harassment as a misconduct underservice rules and initiate action for suchmisconduct
Monitor timely submission of report by the ICC
Cause to initiate action, under the Penal Codeagainst the perpetrator in the workplace wherethe incident took place
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DUTIES OF THE DISTRICT OFFICER
Monitor the timely submission of reports furnished by the LCC.
Take such measures as may be necessary for engaging NGO for creation ofawareness on sexual harassment and the rights of the women.
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NON COMPLIANCE OF THE ACT
Monetory penalty of upto maximum of Rs. 50,000/- may be imposed.
Repetition of the same could result in punishment being doubled and/or
De-registration of the entity or revocation of any statutory business licences.
MISCELLANEOUS
The committee in such form at such time as prescribed, an annual report andsubmit the same to the employer or the District Officer
District Officer shall submit the brief report on annual report to the StateGovernment.
The employer in his annual return shall include the number of cases filed if anyand their disposal under this Act, where no such report is required to beprepared intimate such number of cases to the District Officer
The appropiate Government shall monitor the implementation of this Act andshall maintain data on the number of cases filed & disposed in respect of all casesof sexual harassment at workplace
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OUR VIEWS
We feel the need for the law was always there however there are few thingswhich we thought that should have been considered:-
Gender Equality – can a man not be sexually harassed?
If no educated women is there in the organisation who then shall be thePresiding Officer of ICC generally in unorganised sector
We have a concern that ACT shall be limited to mere paperwork in Small andMedium Business House.
Instead of having individual ICC an agency could have been hired on an AMCbasis
Online portal for registering the complaint in the LCC
Evidence!! Seriously?? How can the female be aware about mishappeningthat shall happen. Sometimes it takes place so quick that the person is in thetraumatised form herself
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