Can Retired Employees on Extension Be Included in Anti-Sexual Harassment Policies?

Dear Seniors,

Can we consider a retired employee or consultant, who is on post-retirement extension, to be included in the Anti-Sexual Harassment policy of the company?

Vinita Shukla
AM-HR

Dear Guidance-Seeker,

Your Query

"Can we consider a retired but post-retirement, on extension, employee or consultant to be in the Anti-Sexual Harassment Committee of any company?"

Kritarth Team Response

In case you are assisting your employer/establishment in constituting the mandatory "Internal Committee" under Section 4 of the "Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, please note that the IC must have a minimum of four members. Three should be nominated from among the employees of the establishment, including the Presiding Officer, and the fourth member should be an outsider non-employee - a person fully familiar with the issues of sexual harassment at the workplace.

For any assistance or guidance, you are welcome to contact Harsh K Sharan, Special Educator, Kritarth Team, on 11.5.2018.

Thank you.

Best regards,
[Your Name]

Dear Veenita Shukla ji,

Post-retirement, if an employee is on extension, he is still an employee; therefore, he can be a member of the Internal Committee (IC) under the Sexual Harassment of Women at Workplace Act, 2013.

A Consultant is not an employee; therefore, he can only be a member of the IC if he is inducted as an External Member, i.e., a person familiar with issues relating to sexual harassment as specified in Rule 4 of the Sexual Harassment of Women at Workplace Rules, 2013.

Regards,

Jacob Pratap