THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

 (PREVENTION, PROHIBITION & REDRESSAL) ACT, 2013

DEFINITIONS

Sexual harassing

• Physical contact and advances
• A demand or request for sexual favours
• Making sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Woman Employee

Not necessarily regular but can also be a daily wager, adhoc employed either directly or through agent or contractor.

Workplace

Wide definition includes department establishment, hospital nursing home or dwelling house.

Aggrieved woman

Can be of any age.  There is no age limit to file a complaint.

PREVENTIVE MEASURES FOR SEXUAL HARASSMENT

• Implied or explicit promise of preferential treatment in her employment.
• Implied or explicit threat of detrimental treatment in her employment.
• Implied or explicit threat about her present or future employment status.
• Interferes with her work or creating an intimidating or offensive or hostile work environment for her.
• Humiliating treatment likely to affect her health or safety.

COMPLAINT OF SEXUAL HARASSMENT

Any aggrieved woman may make, in writing, a complaint of sexual harassment of workplace to the internal Committee, if so constituted, or the Local Committee.

PENALTY

Penalty for non-compliance of provisions of the Act whre the employer fails to:

• Constitute an internal Committee under sub-section (1) of section 4.
• Take action under sections 13, 14 and 22
• Contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder.