SEXUAL HARASSMENT AT WORKPLACES
At SPJ advocates, We are always ready to help corporates to create PoSH Law compliant workplaces. Sexual Harassment at workplaces is a major concern in the country. With a view to ensure safety for working women, The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to protect women from sexual harassment at their place of work was passed by the lower house of the Indian Parliament on 3 September 2012. But still there has been massive increment in the cases of sexual harassment cases against women. As per report of Government of India, between 2014 -2017 around 2 sexual harassment cases reported every day in the country.
Law of Sexual Harassment at workplaces
Be it Private organization, public sector companies, Government bodies OR corporate companies, if any employer having more than 10 employees in his organization, it is mandatory to constitute an INTERNAL COMMITTEE within the company to handle the sexual Harassment complaints. If this law is not complied by the organization, Penalty provision of cancellation of business license is there. As a Lawyer we suggest you to follow this law not because of penalty but Sexual Harassment free environment lead to good business growth.
Constitution of Internal Committee
A group of four member includes a senior level woman employee of the organization, two other employee member from same organization and one external women member preferable a female lawyer who are familiar with the issues relating to sexual harassment and other women legal issues. As per the law at least 50% member of internal committee should be women.
What is Sexual Harassment at workplaces?
Employers are responsible for safeguarding their staff members from sexual misconduct and should take all reasonable precautions to avoid it. Employers must have a clear policy in place that defines which behaviors are and are not expected organizational behaviour. Employees must be made aware of the policy and encouraged to report any instances of sexual harassment. Employers must also take command and proper action against any staff who is discovered to have breached the policy.
Harassment in the workplace is defined as any inappropriate sexual physical or verbal behavior that occurs at work. This includes, but is not limited to, unwanted sexual advances, sexual favors, as well as other verbal or physical inappropriate touching. Sexual harassment in the workplace can create an offensive and hostile atmosphere at work which is illegal under federal and state laws.
How to Prevent Workplace from Sexual Harassment?
1. Train and Educate Employees: Ensure that all employees are aware of the company's sexual harassment policy and that they have received training on how to recognize and respond to it.
2. Promote a Respectful Work Environment: Make sure that all employees feel respected and supported at work.
3. Establish and Enforce Clear Policies: Establish and enforce clear policies outlining unacceptable behavior and the consequences for violations.
4. Act Quickly on Reports: Take all allegations of sexual harassment seriously and act quickly and appropriately.
5. Create a Safe Environment: Create a safe, confidential environment in which employees can report and discuss incidents of sexual harassment.
6. Take Appropriate Action: Take appropriate and immediate action against any employee found guilty of sexual harassment.
7. Monitor and Evaluate: Monitor and evaluate the workplace environment on a regular basis to ensure that it is free of harassment.
How we Help Employers?
Sexual harassment in the workplace can harm your company in a variety of ways, including your organization's reputation, employee productivity, and motivation and morale. We believe that "prevention is better than cure" as a legal consulting firm. We provide the following services:
- Training to your staff
- Training to Internal Committee
- Drafting of sexual harassment policy
- External member on the internal committee.
- Legal support whenever required and will provide you external member.
- PoSH service in Delhi.
- Prevention of Sexual Harassment at workplaces Gurgaon.
- PoSH committee in Manesar.
- Posh committee in Faridabad.
