In India, the issue of sexual harassment in the workplace is a serious matter that employers must address in compliance with the law. The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 outlines specific legal duties for employers to prevent and address instances of sexual harassment. Employers are required to treat sexual harassment as an act of misconduct punishable under their existing Service Rules or Certified Standing Orders.
Key Points to Consider:
- Employers without Certified Standing Orders or codified Service Rules are in violation of the Industrial Employment (Standing Orders) Act 1946 and Shops & Establishment Acts, subject to penalties.
- Section 19 of the Sexual Harassment of Women at Workplace Act 2013 specifies legal duties for employers, including initiating disciplinary action for misconduct.
- Accepting the resignation of an individual against whom a sexual harassment complaint has been lodged may be considered an offense and breach of the law.
- The Act views sexual harassment as a violation of fundamental rights guaranteed by the Indian Constitution and international conventions.
Practical Steps for Employers:
1. Ensure compliance with the Sexual Harassment of Women at Workplace Act 2013 and related regulations.
2. Establish or update Service Rules and Standing Orders to include provisions for addressing sexual harassment.
3. Train employees on the prevention and redressal of sexual harassment in the workplace.
4. Promptly investigate any complaints of sexual harassment and take appropriate disciplinary action as per the law.
5. Seek guidance from legal experts or specialized teams like the Kritarth Team for assistance in drafting or amending policies to ensure full compliance.
Employers must prioritize creating a safe and respectful work environment for all employees, adhering to the legal framework set forth in the Sexual Harassment of Women at Workplace Act 2013. Failure to comply can lead to penalties and legal consequences.