Upload
ipleaders-education
View
130
Download
1
Tags:
Embed Size (px)
Citation preview
MAKE WOMEN EMPLOYEES
AWARE OF THEIR RIGHTS
AGAINST SEXUAL
HARASSMENT AT
WORKPLACE
[ Name of organization and logo ]
Anti-Sexual Harassment Policy of
our organization
With the passing of theAnti-Sexual Harassment atthe Workplace Act andRules on December 92013, every company (andours is no exception) hasan Anti-Sexual Harassmentpolicy wherein the rights ofemployees against sexualharassment inter alia areelaborately discussed.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
What constitutes sexual
harassment?Unwelcome physical contact and
advances.
Showing pornography, making
sexually colored remarks.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Examples:V
ER
BA
L
• Whistling at someone, cat calls
• Telling sexual jokes or stories
• Making sexual comments or innuendos
• Asking personal questions about sexual life
NO
N-V
ER
BA
L
• Blocking a person's path
• Giving personal gifts
• Displaying sexually suggestive visuals
• Making sexual gestures with hands or through body movements
PH
YS
ICA
L • Touching the person's clothing, hair, or body
• Giving a massage around the neck or shoulders.
• Standing close or brushing up against another person
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Any kind of implied or explicit promise of
preferential treatment;
Threat of;
a) detrimental treatment in your employment
b) present or future employment status;
Interference with your work or creating an
intimidating or offensive or hostile work environment;
or
Humiliating treatment likely to affect your health or
safety.
Also, any of the following situations, if they occur or
are connected with any act of Sexual Harassment
may amount to sexual harassment:
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Which acts are not protected under
the Act?
Only conduct of sexual nature is covered
under our policy.
No protection under the Act is given in
situations of threats of violence, offensive
language or slang which is not of sexual
nature.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Who qualifies as an employee ?
Full
time/Part
time
employee
s
Ad hoc /
Daily basis
Temporary
employees
Trainees/
Interns/
Apprentices
Probationers
Employed
not for
remuneratio
n
Or
voluntarily
working
Full time employee Daily wage worker
Household
workers
Trainees and interns Household workers
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
What constitutes as ‘Workplace’
1. Premises of all government and private entities which operate on a
commercial basis.
2. Work in education, entertainment, vocational services, sports
facilities.
3. Hospitals and nursing homes.
4. Places where voluntary work is done
5. With respect to household workers, even a house is considered to
be workplace
6. Also, any place visited by the employee during employment
including transportation provided by the employer constitutes as
workplace1
.
2. 5.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Broad Outline of remedies
available
You may approach the Internal Complaints Committee (Instituted in organization with 10 or more employees)/Local Complaints Committee if perpetrator is under the control of the employer
OR Especially in case of the
perpetrator being an outsider, the employerwill assist the victim in filing a direct FIR against the perpetrator
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Internal Complaints Committee
Every employer of a workplace shall, by an order in writing, constitute a committee known as the “Internal Complaints Committee”) [Section 4(1)]
Presiding Officer – Senior most woman employee in the work place
Not less than two members from amongst employees preferably committed to the cause
of women or who have had experience in social work or have legal knowledge
One member from amongst NGOs or associations committed to the cause of
women or a person familiar with the issues relating to Sexual Harassment
At least one half of the total members so nominated shall be women
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
These are the members of our
Internal Complaints Committee
• [Insert name]
• [Insert contact details]Chairperson
• [Insert name]
• [Insert contact details]Member
• [Insert name]
• [Insert contact details]Member
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Role of Local Complaints
Committee (LCC)
a) If establishments have less than 10
workers,
b) If the complaint is against the employers
• The District Officer will designate: one nodal officer in every block
‘taluka’, ‘tehsil’ in rural or tribal area and
ward or municipality in the urban area
to receive complaints and forward the same
to LCC within 7 days.
•The contact details of the nearest LCC
is:
[Insert contact details of the
nearest LCC]
• One may approach the Local
Complaints Committee ( LCC) :
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
When can you approach the ICC/
LCC and lodge a complaint?
There are three essentials to be met to lodge a
complaint and approach the Internal
Complaints Committee( ICC )
1) The alleged act must constitute sexual
harassment
2) The incident should have taken place in our
workplace.
3)The offender should be under our control i.e,
he should not be an outsider, who is not
subject to the rules and regulations of our
organizationCopyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Methods of lodging the
complaint:
DIRECTLY INDIRECTLY
Complain can be lodged by you
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
DIRECTLY
You can directly approach the ICC keeping
the following in
a) Complaint be filed within 90 days of the
incident
b) Complaint filed in 6 copies+ supporting
documents, names and addresses of the
witnesses.
None of the parties can be represented by a
lawyer during the proceedings
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
INDIRECTLY
IN CASE OF
PHYSICAL
INCAPACITY
a)friend or relative
b) Co worker
c) worker of the National Commission
of Women or State Women’s Commission
d) Any other person who knows about the
incident with your written permission
IN CASE OF
MENTAL
INCAPACITY
a)A friend or relativeb) A special educator
c) A qualified psychiatrist or psychologist
d) Any person who is aware of the incident jointly with a friend or relative or a special
educator or a psychiatrist or
psychologist under whose care you might
be
IN CASE OF
DEATH
Any person who has knowledge of the
incident with written permission of the
legal heir
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Things you should remember :
You must preserve records that substantiate your allegation. These may include all forms of communication including:
emails,
SMSes,
telephonic records and
any other material which may be helpful in establishing your claim.
Do not retain such records and materials exclusively on equipment owned by the employer. Maintain a back-up of all such data and send a record of such materials to the ICC/ LCC.
At the time of making the complaint, request for confidentiality if you so desire. Both the ICC and LCC are bound to ensure it.
It is advisable that you retain a copy of complaint and supporting materials.
Interim measures that can be
granted by the ICC
In case the inquiry takes time to be solved you can be granted interim relief by the ICC in the form of :a) You or the accused can be Transferred to another location as the case may b) You may be granted leave for a period of 3 months ( without any deduction in salary) in addition to statutory or contractual leavec) The accused person may be restrained from reporting on your work performance or writing confidential reports about you.(In case of an educational institution, restriction on academic supervision by the accused can be granted.)Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
The option of conciliation
After hearing the complaint, ICC may advise conciliation which results ina settlement agreementbetween the parties.
The settlement agreement may specify that: The perpetrator apologizes for his prior conduct to you.
That you agree to withdraw all legal proceedings in lieu of the instant case of harassment
Any conditions laid down by the ICC or agreed by the parties
The settlement has been made without any monetary transaction
It may specify the future conduct to be observed between the perpetrator and you.
The settlement agreement will be forwarded to the Employer and the District Officer by the ICC or the
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Process of filing the complaint and
inquiry
A written complaint is to be lodged with the ICC/LCC within a period of 3 months from the date of incident.
The Presiding officer or any member of the ICC/ chairperson or any member of the LCC should assist you in filing it in a proper manner
The ICC/LCC may extend the time for complaint by another 3 months on presentation of reasonable grounds
The ICC/LCC should forward the complaint letter to the accused within 7 days
The Complaints Committee shall make inquiry into the matter keeping the principles of natural justice in mind
The accused should reply along with the evidence and documents within 10 days from the date of receipt of the
complaint letter.
For conducting the Inquiry, a minimum of 3 members of the Complaints Committee including the Presiding Officer/ Chairperson
should be present.
A proper hearing would be given to both the parties
The Complaints Committee can proceed with the inquiry in the absence of one party, if the person fails to appear for 3 consequitve
hearings
Continued..
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Inquiry ( In a nutshell)
In case a conciliation is not possible, an inquiry by the ICC/ LCC is initiated against the matter.
Inquiry is to be conducted as per Service Rules and if no such rules exist, in the manner as may be prescribed;
Inquiry to be completed within a period of 90 days following which a report which recommends the action to be taken by the employer is submitted in another 10 days
The employer or the D.O. has to act upon the recommendation within 60 days of its receipt by him.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Inquiry ( Relief and
Compensation)
Where the allegation against the accused has been
proved, ICC or LCC recommends us ( the employer )or
the District Officer (D.O.) to take action against sexual
harassment:
As a misconduct in accordance with service rules
To deduct an appropriate amount from the salary or wages
of the accused as advised
If we are unable to make any deduction (the accused has
left the organisation), we may direct the perpetrator to pay
such amount to you;
If the perpetrator fails to pay the sum, the ICC or LCC may
forward the order for recovery of the sum as an arrear of
land revenue to the concerned D.O.Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Determination of
compensation
ICC or LCC shall have regard to –
The mental trauma, pain, suffering and
emotional distress caused.
The loss in the career opportunity due to
the incident in sexual harassment;
Medical expenses incurred for physical or
psychiatric treatment;
Income and financial status of the
perpetrator;
Feasibility of such payment in lump sum
or in instalment.Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Our responsibilities
It is our responsibility to ensure smooth
proceedings of the inquiry and to ascertain that
the witnesses and the accused is present at
the proceedings of the ICC/LCC.
If you have requested, interim relief may be
granted by the ICC/LCC so long as the inquiry
is pending/ conciliation process is completed.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Appeal from the order of ICC
If you are dissatisfied with the order passed by
the ICC/ LCC, you may appeal to
1. Authority mentioned under Service Rules
made by the government (If applicable to
the employee)
2. Authority notified by the government under
the Industrial Employment (Standing Orders)
Act, 1946.
This statute applies when the number of
workers ranges from 50-100.Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
In case there is a breach in our
obligations :
Where we fail to –
Constitute an ICC; or Follow the recommendation of ICC/LCC; or To include the details in the annual report,
We are punishable with a fine of Rs. 50,000.
If the person concerned is earlier convicted of an offence and commits the same offence again, he shall be liable to –
Twice the punishment, which might have been imposed on first conviction;
Cancellation of license or withdrawal or non-renewal or approval or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
Provisions under IPC and filing of
an FIR Where there is no specific law to deal with the particular offence of sexual
harassment, the Indian Penal Code, 1860 is there to help you. It is used to punish the offender with respect to the nature of the act committed by him. The following sections of Indian Penal Code, 1860 cover acts of sexual harassment:
Sections 292 and 294 deal with Obscenity
Section 354 deals with Criminal Force or Assault Intended to Outrage Modesty
Section 354 A - Sexual harassment
Section 354 D - Stalking
Section 354 B - Intent or compelling a woman to disrobe
Section 375 deals with the offence of Rape
Section 509 deals with Word, Gesture or Act Intended to Outrage Modesty of women
If violation of any of the above provisions takesplace, we will assist you in filing anFIR directly with the police.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
The consequences of false and
malicious complaints
If the allegation against the accused is malicious or the
complaint has been made knowing that the complaint is false
or you or any other person making the complaint has
produced any forged or misleading documents;
ICC or LCC will recommend the employer to take action
against you or person making the false complaint in
accordance with the provisions of the service and the
consequences may include termination of employment,
deduction in salary, warning, demotion, etc.
A mere inability to substantiate a complaint or provide
adequate proof will not be considered as a malicious or
false complaint.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
If you are facing a genuine problem, we
will be happy to help but if it is for
satisfying a grudge you hold against any
employer, such fabricated case is neither
appreciated nor will it be entertained.
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu
For any further help you may contact the
members of the ICC. Their name and contact
details are as follows:
1. [Insert name and contact details]
2. [Insert name and contact details]
3. [Insert name and contact details]
Copyrights. Intelligent Legal Risk Management Solutions LLP.
http://sexualharassment.nujs.edu