-----Fulfillment of Employers Duties as per Section-19 of Sexual Harassment of Women at Workplace (P, P & R) Act 2013----
Attention Employers--- Seek & Secure Guidance & Help of Spl Educator
Section-19 of Sexual Harassment of Women at Workplace (P, P & R) Act 2013 categorically specify /stipulate certain Legal Duties of Every Employer in India. It must be noted that there is No Exemption whatsoever to any Employer or Workplace with ten and more Employed Persons.
These Compulsory Duties of Every Employer must be Fulfilled faithfully and properly and in Letter and the Spirit of the said Law in the context and with reference to the Sections-2, Section-4, Section-6, Section-11, Section-12, Section-14, Section-16, Section-22 and inter alia Section-26.
There are instances where the concerned Employer constituted One Single Internal Committee (IC) with jurisdiction over more than One Unit / Establishment located at different places /locations sometimes in different States/Provinces or Districts.
Even a cursory glance or look or a reading of the Text of Section-4 of the said Act of 2013 will reveal that Every Employer must Constitute the Mandatory Internal Committee (IC) at all administrative units or offices in his Organization.
The text of Section-4 reads as quoted below:
" Every employer of a Workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Committee” provided that where the Offices or Administrative Units of the Workplace are located at different places or Divisional or Sub-Divisional level, the Internal Committee shall be constituted at all Administrative Units or Offices".
It is important here to take note of the Amendment notified by the Extra-Ordinary Gazette of India published on 9th May 2016 whereunder the "Words/Expressions Internal Complaints Committee" wherever they occur, shall be substituted by the Words/Expression "Internal Committee".
Every Employer of every Workplace in India, therefore, is Law-bound to obey the Law and abide by the same and Constitute, in writing the Internal Committee at for every Establishment registered under Factory Act and or Shops & Establishment Act, as it may be for which a License and or Certificate has been applied for and obtained and is renewed from time to time.
Further, Every Employer / Occupier / Management / Manager and especially the HR Management Leader must take Note that "Sexual Harassment of Women at Workplace", results in
a) violation of the Fundamental Rights of a Woman to Equality under Articles 14 and 15 of the Constitution of India and
b) Her Right to Life and to live with Dignity under Article 21 of the Constitution and
C) Her Right to Practice any profession or to carry on any occupation, trade or business with includes a Right to a Safe Environment free from
Sexual Harassment".
Every Honourable Citizen of India is thus Duty-bound to uphold the Constitution of India, faithfully and properly. Compliant Corporates, Law abiding Businesses successfully Ensure Perpetual Prosperity for all the Stake-Holders by just Being Just, Fair, Proper, and Law-abiding.
Clarifications Welcome
Sharan,
Transformatix Performance Solutions
Team of Special Educators;
Serving Internal Committee Member (External)
14th October 2017
14th October 2017 From India, Delhi
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