For any questions, write to [email protected]Sexual Harassment Prevention Laws At Workplace Introduction to the new act and implementation challenges - Abhyudaya Agarwal, Co-Founder, iPleaders (creators of a cloud-based toolkit on sexual harassment law compliance) Legal Expert: Siboney Sagar, former General Counsel at British Telecom and General Electric
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1. Substantial increase of women in the economy with more jobs requiring skills possessed by women, increased interaction and collaboration between both sexes irrespective of culture of culture, social or economic background, and
2. Structural change in the economy with more jobs requiring skills possessed by women, increased interaction and collaboration between both sexes irrespective of cultural, social or economic background, and
The challenge is in creating a comprehensive policy that can cover important aspects without requiring employees to refer to the act.
Obligation #1 : Draft and implement a sexual harassment prevention policy or include suitable clauses in the employment contract / service rules or standing orders prohibiting sexual harassment.
Compliance 1: Publish notice informing employees of consequences of sexual harassment must be put up in the premises. It should also inform employees about the constitution of ICC and provide names of its members.
Compliance 2: Submit report on implementation of interim measures suggested by the ICC
Compliance 3: Monitor submission of reports by the ICC within stipulated timeframe. The ICC must submit an annual report to the employer and an inquiry report (which must be made in 10 days of completing inquiry. For reference, inquiry must be completed within 90 days of the complaint being filed.
Compliance 4: Include information pertaining to sexual harassment cases in the annual report of the organization
ICCs may need necessary infrastructure to operate within the organization (e.g. dedicated room, confidential dockets for file preservation, comfort that they are free to award legal reliefs as per the merits of the case)
Obligation #4: Empower ICCs to conduct investigations
Provision of data and information, communication between employees and cooperation of people working in different departments is necessary.
For example, an employee from another department may be called in as a witness in a proceeding – he should not be unreasonably precluded from appearing before the ICC on work-related grounds by seniors within the department.
Obligation #5: Set up systems for cooperation amongst various departments to facilitate resolution of complaints
1. What constitutes sexual harassment at the workplace,
2. Remedies (including interim measures) that are available – suspension, warning, termination, transfer, withholding of promotions, deduction of salary.
3. Description of occupational roles which are awarded protection (e.g. are interns or off-site workers covered?)
Obligation #6: Sensitize employees about their rights against sexual harassment at the workplace
4. How to seek redressal if the employee is not within her employer’s office premises (e.g. woman visiting a client’s office or working in an exhibition, harassment at a hotel or a store, etc.),
5. Necessary information for employees to file a complaint in case they are harassed
6. Support available to handle the after-effects of sexual harassment.
Obligation #6: Sensitize employees about their rights against sexual harassment at the workplace
1. Is it comprehensive enough to explain all that is necessary for an employee to know or does it require the employee to refer to the 2013 Act to understand it?
2. Does it inform the employee of his or her rights such as confidentiality or interim measures?
Challenge #1: Creation of an effective sexual harassment prevention policy
1. When to create – When the number of employees in a location exceeds 10. What if there are no women employees? (Although an ICC is mandatory, logistically it cannot be created as minimum two women employees are necessary).
2. Logistical problems in creation of ICCs in remote areas or for every retail outlet
3. How to identify external experts – budgetary constraints, absence of trained professionals, etc.
Difficult due to its technical nature (requires imparting adjudicatory and related skillsets).There is absence of people with right experience,up-skilling the ICC is not easy if they don’t have prior experience. There is lack of experienced trainers with the necessary skills.
The inquiry and decision-making process is subject to challenge in a court of law if certain basic procedural requirements are not followed, such as allowing both sides to represent themselves.
Question:How does one ensure that confidentiality of the complainant’s and victim’s identity is preserved? What are the justifications that HR can provide colleagues when the complainant or victim is transferred or terminated? Which parts of the organization must be made aware of the truth on a need-to-know basis?
Challenge #5: Set up systems and create processes that create a conducive environment
Question: Are there ways to encourage a culture when instances of sexual harassment are reported without hesitation, instead of letting a ‘hush-hush’ culture, which silences the employee and protects senior management, prevail?
Challenge #5: Set up systems and create processes that create a conducive environment