In my previous blog dated October 29th, 2018, Its India\u2019s hour of reckoning \u2013 The Desi #MeToo Movement, I spoke about the rising tide of the Desi #MeToo movement. I highlighted that how corporates are jolted up with this movement and are formulating and revisiting employee background screening policies.<\/p>\n
In this blog, I would like to educate my readers about The Sexual Harassment of Women at Workplace Act, 2013. This is extremely important to know and implement at your workplace. This should come foremost and ought to be viewed seriously. This act prescribes a system for investigating and redressing complaints against sexual harassment of women at the workplace. It also provides safeguards against false or malicious charges.<\/p>\n
The major provisions of the Act lay down the following responsibilities for employers, to ensure a safe working environment for women:<\/p>\n
\u2022 Display penal consequences of sexual harassment;
\n\u2022 Organize workshops and sensitization programs;
\n\u2022 Formulate an internal policy, charter, resolution, declaration;
\n\u2022 Form an \u2018Internal Complaints Committee\u2019 (ICC) where the number of employees is more than ten;
\n\u2022 Provide necessary facilities to the committees;
\n\u2022 Secure attendance of witnesses\/respondent;
\n\u2022 Monitor timely submission of committee reports;
\n\u2022 Assist the woman in pursuing a criminal case if she so chooses;
\n\u2022 Maintain confidentiality of the inquiry process. The Act lays down a penalty of Rs 5,000 on the person who has breached confidentiality;
\n\u2022 With sexual harassment being a crime, employers are obligated to report offenses.<\/p>\n
Now coming to what exactly constitutes sexual harassment. A lot has been speculated about what really constitutes sexual harassment. The Act broadly defines \u2018sexual harassment\u2019 as follows:<\/p>\n
\u2022 Implied or explicit threat of harmful treatment in employment;
\n\u2022 Implied or explicit threat about the present or future employment status;
\n\u2022 Interference with work or creating an intimidating or offensive or hostile work environment;
\n\u2022 Humiliating treatment likely to affect health or safety.<\/p>\n
It includes unwelcome sexually determined behavior that compromises physical, emotional or financial safety and security of a woman worker. This includes:<\/p>\n
\u2022 Physical contact and advances;
\n\u2022 A demand or request for sexual favors;
\n\u2022 Sexually colored remarks;
\n\u2022 Showing pornography; or
\n\u2022 Any other unwelcome physical verbal or non-verbal conduct of sexual nature.<\/p>\n
Let\u2019s now understand where does it apply? The definition of \u2018workplace\u2019 includes the following:<\/p>\n
\u2022 Premises of all government and private entities that are involved in any economic activities, or work in education, entertainment, vocational services, sports facilities such as stadiums and sports complexes, health services;
\n\u2022 Any place visited by the employee arising out of or during the course of employment, including while in transit for work-related activities; and
\n\u2022 Societies, trusts, and non-governmental organizations, where people work on a voluntary basis.<\/p>\n
Here, it must be noted that with respect to domestic workers, the Act considers even a house as a workplace.<\/p>\n
The advent of the #MeToo movement and the resulting national debates has not only opened the Pandora\u2019s Box but has also resulted in a lot of positive and welcome changes in the forms of initiatives that were long pending. As employers, decision makers, HR Managers you have the opportunity to positively and clearly redefine the boundaries of acceptable workplace conduct.<\/p>\n
You are now expected to send a message to your team, that they are valued and that the organization is committed to providing a respectful workplace \u2013 not merely because the organization wishes to mitigate legal risk or prevent a PR disaster, but because it is the right thing to do. This does not limit to women! Men, women and the LGBT community need to be encompassed in this.<\/p>\n
What can you do?<\/strong><\/p>\n \u2022 Update the official employee handbook that outlines the procedure that will take place when sexual harassment is being experienced at work. Include an unequivocal statement that sexual harassment will not be tolerated. It\u2019s better to be safe than sorry, like I always say! If you haven\u2019t institutionalized the above, please do it right away!<\/p>\n We at JantaKhoj are always at your service!<\/strong><\/em><\/p>\n Your candidate! Our verification!<\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":" In my previous blog dated October 29th, 2018, Its India\u2019s hour of reckoning \u2013 The Desi #MeToo Movement, I spoke about the rising tide of the Desi #MeToo movement. I… <\/p>\n","protected":false},"author":3297,"featured_media":2483,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"yoast_head":"\n
\n\u2022 Give out a clear, simple, and easy-to-understand description of what constitutes harassing behavior or conduct, including examples of the types of behaviors that are considered harassing at the workplace.
\n\u2022 Implement training for all to include more focus on gender identity and sexual orientation, and emphasize gender neutrality regarding who may experience sexual harassment.
\n\u2022 Sensitize male employees and reinforce confidence among women to come forward and file complaints.
\n\u2022 Stay updated on employment law changes where their employees live or work. HRs must also utilize professional associations, legal counsel and online resources to ensure that the company is compliant and aware of existing and upcoming legislative changes related to employee rights.<\/p>\n