Criteria: Sexual Harassment Of Women At Workplace Act - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Hopegovind
Senior Hr Advisor And Blogger
Gandhimba@11
Executive - Hr&admin
Amartyabag
Legal Professional
Dchadha50
Hr Executive

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Hello Seniors,
My organization is registered as a non profit under Section 25 Companies Act. With reference to "Sexual Harassment of Women at Workplace Act", is there a criteria as to the number of employees an organization should have, for the applicability of this act.
Since my organization has less than 20 employees, would we still be counted as a workplace under this Act??
Pls help. Thanks in advance! :)

For applicability of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the number of employees in the establishment is irrelevant. The Act applies to dwelling place or house also where woman is employed for remuneration. Only a member of the family (of the house) is excluded. Moreover, in a business establishment, the woman need not even be employed. Therefore, the Act applies to all establishments where woman are engaged either as employee or otherwise (say one who comes to the work place as a customer or intern or doing some project or survey can also raise a complaint if she is subjected to sexual harassment)
Regards,
Madhu.T.K

Hi,
I agree to Madhu, The Act does not specify no. of employees. Even if a single employee is there, it is applicable.
For detail information including the copy of the prevention of sexual harassment Act and the guideline to make a policy you may refer following link
Human Resources, Business, Management and career questions blog.: Everything you want to know Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and how to implement it
Regards
Govind

Dear All,
We are takling about Sexual Harassment Act here, One who take action against this on his Top Management Person. He became jobless. Kindly follow the link for detail.
Chennai: HR Manager, who acted on complaint of sexual harassment against company boss, is sacked and jobless
Chennai: Manager, who acted on complaint of sexual harassment against company boss, is sacked and jobless | NDTV.com

Though the Act applies on every organisation irrespective of the number of employees, however, the constitution of Internal complaints committee is not mandatory for organisations having less than 10 workers. In such cases, the complaint can still be made with the Local Complaints committee and the employer have to follow other obligations under the Act.
I would like to add here that;
1. The Act is applicable to all establishment; irrespective of whether there are any female (women) workers or not. For example, its applicable if a lady visitor, client, student, nurse, trainer or any female (women) who visits the establishment for any purpose what-so-ever is sexually harassed.
2. Although its not mandatory to have INTERNAL Complaints Committe if the number of employees is less than 10; because in such cases the victim (survivor) can complain directly to the LOCAL Complaints Committee constituted by the appropriate government.
However, it is always PRUDENT to have an Internal Complaints Committee, (constituted as per the Act); for obvious reasons because the penalty in case of cases going to Local Committee could be very high in terms of reputation and image of the company apart from the other consequences of punishment to the accused person.
And such loss of reputation is very difficult to re-build.
Warm regards.
Warm regards.

What shall happen if we do not follow the said law? My Company has more than 20 employees and they still do not have this committee till now?
If an employer fails to constitute an Internal Complaints Committee or does not comply with any provisions contained therein, the Sexual Harassment Act prescribes a monetary penalty of up to INR 50,000 . A repetition of the same offence could result in the punishment being doubled and / or de-registration of the entity or revocation of any statutory business licenses.
Apart from this, when the instances will come out, you lose brand respect and give bad reputation too. Now its upto you to decide

How we are suppose to make a community for that and how it should to Prevent these Scenarios in Hotel Industry Kindly guide Deepika Chadha
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