Introduction to the Desi #MeToo Movement
In my previous blog post from October 29th, 2018, titled "India's Hour of Reckoning – The Desi #MeToo Movement," I discussed the growing momentum of the Desi #MeToo movement. I highlighted how corporations are responding to this movement by developing and revising employee background screening policies.
Understanding The Sexual Harassment of Women at Workplace Act, 2013
In this blog post, I would like to inform my readers about The Sexual Harassment of Women at Workplace Act, 2013. This legislation is crucial to understand and implement in your workplace. It should take precedence and be treated seriously. This act outlines a system for investigating and addressing complaints against sexual harassment of women in the workplace. It also provides safeguards against false or malicious charges.
Employer Responsibilities Under the Act
The primary provisions of the Act lay out the following responsibilities for employers to ensure a safe working environment for women:
- Display the penal consequences of sexual harassment.
- Organize workshops and sensitization programs.
- Formulate an internal policy, charter, resolution, declaration.
- Establish an 'Internal Complaints Committee' (ICC) when the employee count exceeds ten.
- Provide the necessary facilities to the committees.
- Ensure attendance of witnesses/respondent.
- Monitor the timely submission of committee reports.
- Assist the woman in pursuing a criminal case, if she opts for it.
- Maintain the confidentiality of the inquiry process. The Act imposes a penalty of Rs 5,000 on anyone who breaches confidentiality.
- As sexual harassment is a crime, employers are required to report offenses.
Defining Sexual Harassment
Now, let's discuss what exactly constitutes sexual harassment. There has been a lot of speculation about what truly constitutes sexual harassment. The Act broadly defines 'sexual harassment' as follows:
- Implied or explicit threat of harmful treatment in employment.
- Implied or explicit threat about the present or future employment status.
- Interference with work or creating an intimidating, offensive, or hostile work environment.
- Humiliating treatment likely to affect health or safety.
It includes unwelcome sexually determined behavior that compromises the physical, emotional, or financial safety and security of a woman worker. This includes:
- Physical contact and advances.
- A demand or request for sexual favors.
- Sexually colored remarks.
- Showing pornography.
- Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
Scope of the Act: Where It Applies
Let's now understand where it applies. The definition of 'workplace' includes the following:
- Premises of all government and private entities that are involved in any economic activities, or work in education, entertainment, vocational services, sports facilities such as stadiums and sports complexes, health services.
- Any place visited by the employee arising out of or during the course of employment, including while in transit for work-related activities.
- Societies, trusts, and non-governmental organizations, where people work on a voluntary basis.
It's worth noting that the Act considers even a household as a workplace for domestic workers.
The Impact of the #MeToo Movement
The rise of the #MeToo movement and the resulting national debates have not only opened Pandora's Box but also led to many positive and welcome changes in the form of initiatives that have been long overdue. As employers, decision-makers, and HR managers, you have the opportunity to clearly and positively redefine the boundaries of acceptable workplace conduct.
Creating a Respectful Workplace
It is now expected of you to convey to your team that they are valued, and the organization is committed to maintaining a respectful workplace. This is not just to mitigate legal risk or avoid a PR disaster, but because it is the right thing to do. This applies not only to women but to men and the LGBT community as well.
Steps to Take for Compliance and Safety
So, what can you do?
- Update your official employee handbook to outline the procedure that will be followed when an employee experiences sexual harassment at work. Include a clear statement that sexual harassment will not be tolerated.
- Provide a clear, simple, and easy-to-understand description of what constitutes harassing behavior or conduct, including examples of the types of behaviors that are considered harassing in the workplace.
- Implement training for all employees, with a focus on gender identity and sexual orientation, and emphasize gender neutrality regarding who may experience sexual harassment.
- Sensitize male employees and instill confidence in women to come forward and file complaints.
- Stay updated on changes in employment law where their employees live or work. HR personnel should also utilize professional associations, legal counsel, and online resources to ensure that the company complies with existing and upcoming legislative changes related to employee rights.
As the saying goes, "it's better to be safe than sorry!" If you haven't put the above measures into effect, please do so immediately!
We at JantaKhoj are always at your service! Your candidate! Our verification! Read more at: https://www.jantakhoj.com/blog/simpl...workplace-act/
Tags: criminal case, future employment, work environment, background screening, sexual orientation, sexual harassment, employee handbook
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In my previous blog post from October 29th, 2018, titled "India's Hour of Reckoning – The Desi #MeToo Movement," I discussed the growing momentum of the Desi #MeToo movement. I highlighted how corporations are responding to this movement by developing and revising employee background screening policies.
Understanding The Sexual Harassment of Women at Workplace Act, 2013
In this blog post, I would like to inform my readers about The Sexual Harassment of Women at Workplace Act, 2013. This legislation is crucial to understand and implement in your workplace. It should take precedence and be treated seriously. This act outlines a system for investigating and addressing complaints against sexual harassment of women in the workplace. It also provides safeguards against false or malicious charges.
Employer Responsibilities Under the Act
The primary provisions of the Act lay out the following responsibilities for employers to ensure a safe working environment for women:
- Display the penal consequences of sexual harassment.
- Organize workshops and sensitization programs.
- Formulate an internal policy, charter, resolution, declaration.
- Establish an 'Internal Complaints Committee' (ICC) when the employee count exceeds ten.
- Provide the necessary facilities to the committees.
- Ensure attendance of witnesses/respondent.
- Monitor the timely submission of committee reports.
- Assist the woman in pursuing a criminal case, if she opts for it.
- Maintain the confidentiality of the inquiry process. The Act imposes a penalty of Rs 5,000 on anyone who breaches confidentiality.
- As sexual harassment is a crime, employers are required to report offenses.
Defining Sexual Harassment
Now, let's discuss what exactly constitutes sexual harassment. There has been a lot of speculation about what truly constitutes sexual harassment. The Act broadly defines 'sexual harassment' as follows:
- Implied or explicit threat of harmful treatment in employment.
- Implied or explicit threat about the present or future employment status.
- Interference with work or creating an intimidating, offensive, or hostile work environment.
- Humiliating treatment likely to affect health or safety.
It includes unwelcome sexually determined behavior that compromises the physical, emotional, or financial safety and security of a woman worker. This includes:
- Physical contact and advances.
- A demand or request for sexual favors.
- Sexually colored remarks.
- Showing pornography.
- Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
Scope of the Act: Where It Applies
Let's now understand where it applies. The definition of 'workplace' includes the following:
- Premises of all government and private entities that are involved in any economic activities, or work in education, entertainment, vocational services, sports facilities such as stadiums and sports complexes, health services.
- Any place visited by the employee arising out of or during the course of employment, including while in transit for work-related activities.
- Societies, trusts, and non-governmental organizations, where people work on a voluntary basis.
It's worth noting that the Act considers even a household as a workplace for domestic workers.
The Impact of the #MeToo Movement
The rise of the #MeToo movement and the resulting national debates have not only opened Pandora's Box but also led to many positive and welcome changes in the form of initiatives that have been long overdue. As employers, decision-makers, and HR managers, you have the opportunity to clearly and positively redefine the boundaries of acceptable workplace conduct.
Creating a Respectful Workplace
It is now expected of you to convey to your team that they are valued, and the organization is committed to maintaining a respectful workplace. This is not just to mitigate legal risk or avoid a PR disaster, but because it is the right thing to do. This applies not only to women but to men and the LGBT community as well.
Steps to Take for Compliance and Safety
So, what can you do?
- Update your official employee handbook to outline the procedure that will be followed when an employee experiences sexual harassment at work. Include a clear statement that sexual harassment will not be tolerated.
- Provide a clear, simple, and easy-to-understand description of what constitutes harassing behavior or conduct, including examples of the types of behaviors that are considered harassing in the workplace.
- Implement training for all employees, with a focus on gender identity and sexual orientation, and emphasize gender neutrality regarding who may experience sexual harassment.
- Sensitize male employees and instill confidence in women to come forward and file complaints.
- Stay updated on changes in employment law where their employees live or work. HR personnel should also utilize professional associations, legal counsel, and online resources to ensure that the company complies with existing and upcoming legislative changes related to employee rights.
As the saying goes, "it's better to be safe than sorry!" If you haven't put the above measures into effect, please do so immediately!
We at JantaKhoj are always at your service! Your candidate! Our verification! Read more at: https://www.jantakhoj.com/blog/simpl...workplace-act/
Tags: criminal case, future employment, work environment, background screening, sexual orientation, sexual harassment, employee handbook
Acknowledge(0)Amend(0)
As an HR professional, it is crucial to understand and implement the Sexual Harassment of Women at Workplace Act effectively. Here are some practical steps to ensure compliance and create a safe working environment:
- Update Policies: Review and update your official employee handbook to clearly outline the procedure for handling sexual harassment complaints. Include a zero-tolerance statement against sexual harassment.
- Training Programs: Implement training sessions for all employees, focusing on gender identity, sexual orientation, and what constitutes harassing behavior. Emphasize the importance of gender neutrality in addressing sexual harassment.
- Establish Internal Committees: Form an 'Internal Complaints Committee' (ICC) as mandated by the Act if your organization has more than ten employees. Provide necessary support and facilities to the committee.
- Promote Reporting: Encourage a culture where employees feel safe to report incidents of sexual harassment. Sensitize male employees and empower women to come forward and file complaints without fear of retaliation.
- Stay Informed: Keep abreast of changes in employment laws and regulations related to sexual harassment. Utilize legal counsel and professional associations to ensure compliance with existing and upcoming legislation.
- Maintain Confidentiality: Ensure the confidentiality of the inquiry process and protect the identity of individuals involved. Breaching confidentiality can lead to penalties under the Act.
- Support Victims: Assist women in pursuing criminal cases if they choose to do so. Provide necessary support throughout the process while maintaining a supportive and respectful workplace environment for all employees.
By proactively implementing these measures, organizations can demonstrate their commitment to preventing sexual harassment and fostering a safe and inclusive workplace for all employees.
From India, Gurugram
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54- Update Policies: Review and update your official employee handbook to clearly outline the procedure for handling sexual harassment complaints. Include a zero-tolerance statement against sexual harassment.
- Training Programs: Implement training sessions for all employees, focusing on gender identity, sexual orientation, and what constitutes harassing behavior. Emphasize the importance of gender neutrality in addressing sexual harassment.
- Establish Internal Committees: Form an 'Internal Complaints Committee' (ICC) as mandated by the Act if your organization has more than ten employees. Provide necessary support and facilities to the committee.
- Promote Reporting: Encourage a culture where employees feel safe to report incidents of sexual harassment. Sensitize male employees and empower women to come forward and file complaints without fear of retaliation.
- Stay Informed: Keep abreast of changes in employment laws and regulations related to sexual harassment. Utilize legal counsel and professional associations to ensure compliance with existing and upcoming legislation.
- Maintain Confidentiality: Ensure the confidentiality of the inquiry process and protect the identity of individuals involved. Breaching confidentiality can lead to penalties under the Act.
- Support Victims: Assist women in pursuing criminal cases if they choose to do so. Provide necessary support throughout the process while maintaining a supportive and respectful workplace environment for all employees.
By proactively implementing these measures, organizations can demonstrate their commitment to preventing sexual harassment and fostering a safe and inclusive workplace for all employees.
From India, Gurugram
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Sexual Harassment of women at workplace (Prevention, Prohibition & Redressal) Act 2013.pdf