Understanding Sexual Harassment Policies: Which Law Requires Organizations to Have One?

Dear All,

I have a query. Which act states that every organization should have a policy on sexual harassment?

Regards,
Saritha

Dear Friend,

Unfortunately, there is no legislation on "Sexual Harassment at the workplace" till today. However, the Hon'ble Supreme Court, by virtue of powers given under Article 141 of the Constitution of India, has provided guidelines regarding sexual harassment at the workplace in the case "Vishakha v/s State of Rajasthan" in 1986.

Regards

Right, there have been guiding principles framed in Writ Petition (CLR) no. 173-177 of 1999 and an Award passed by the Honorable Supreme Court on 17th Jan 2006 that need to be observed within the institute/industry. Non-compliance with the same amounts to "contempt of court."

Regards,
Atul

Also, the Court has directed to include the policy in the standing orders of an organization.

Dear Saritha,

The Government of India intends to pass an Act on the subject. It has brought a bill called The Protection Against Sexual Harassment of Women Act, 2005. You can go through the contents on Draft Bill on Sexual Harassment (link updated to site home) (Search On Cite | Search On Google). Secretary, Department of Women and Child Development, has invited the comments of the interested party.

In the absence of such legislation, guidelines framed by the Hon'ble Supreme Court in the "Vishaka v. State of Rajasthan" are the law of the land, and under this, each employer is bound to implement those guidelines.

Y K Upadhyay

Sir,

Please guide me. My friend has been selected in a big company as a Jr. Officer (HR). In the offer letter, management mentioned his designation as a Jr. Officer but did not specify the salary, which had already been agreed upon between them. Therefore, before joining, he had a telephone discussion regarding the salary with the concerned person who promised to pay as per their discussion. The company issued an appointment letter after 28 days of joining due to the resignation of the Head of Department. However, in the appointment letter, the designation and salary were different. He refused to accept it, then the management claimed they were unaware of the agreement with the former Head of Department. They stated that they were unable to match the designation and salary as per the original offer. He had no choice but to accept it, otherwise, he would risk being unemployed as his previous position had been filled.

Please legally advise on a solution against such types of deceit.

Kindly email your response to sacheein_hr38@rediffmail.com.

Dear All,

The standing orders of every company can be fine-tuned to the Visaka case, or each company can frame its own guidelines.

With Regards,

V. Sounder Rajan

E-mail: rajanassociates@eth.net, rajanassociateslawfirm@gmail.com

Dear All,

Now, since we have the act for sexual harassment in place, is it still required to incorporate the sexual harassment clause in the standing order? The act does not mention anything about that.

Kindly guide whether it is still mandatory for the factory to incorporate the same in their standing order or if a separate sheet where only sexual harassment and its mechanism are written is sufficient.

Kindly guide me.

Smita

Thank you

Dear Sir,

Thank you so much for the reply. I have one more question. Since model standing orders do not require a certificate, now, in those organizations where model standing orders are applicable, such as Mumbai and Gujarat, should the standing order be amended to include a sexual harassment clause? Does it require certification since they are amending the model standing order?

Thank You.

Regards,
Smita