Hello Everybody,
I would like to know whether it is mandatory to form the SHP Committee in a company even if there are no female employees employed. The said company is located in Gujarat and has no female employees; all the employees are men only. So, is the company management bound by The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ("Sexual Harassment Act")? Please friends, enlighten me on the subject ASAP.
Thanking you,
Mody Harish M.
From India, Surat
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2I would like to know whether it is mandatory to form the SHP Committee in a company even if there are no female employees employed. The said company is located in Gujarat and has no female employees; all the employees are men only. So, is the company management bound by The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ("Sexual Harassment Act")? Please friends, enlighten me on the subject ASAP.
Thanking you,
Mody Harish M.
From India, Surat
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No, not all Harishbhai. Regds, RDS Yadav LABOUR LAW ADVISOR navtaranghrs@gmail.com
From India, Delhi
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From India, Delhi
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Answer to the first question, I agree with Mr. Yadav. There is no need to form a committee under the Prevention of Sexual Harassment Act. However, do not think your company is not bound by the law. The act covers not only sexual harassment of women employees but also requires you to ensure that even women contract employees, vendors, and visitors are protected. Therefore, sensitization of the male employees to what constitutes sexual harassment is still a requirement.
From India, Mumbai
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From India, Mumbai
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Dear Mr. Harish Mody, Technically, the POSH law provides that "every organization having 10 or more employees" has to comply with it. Therefore, it is applicable to your organization.
From India, New Delhi
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From India, New Delhi
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Hi all,
I agree with Mr. Harish Mody. The Act states 10 or more employees. It does not distinguish between female or male employees. In this context, it is applicable to every organization having 10 or more people.
Thank you,
Smita S
Law Researcher
From India, Gurgaon
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I agree with Mr. Harish Mody. The Act states 10 or more employees. It does not distinguish between female or male employees. In this context, it is applicable to every organization having 10 or more people.
Thank you,
Smita S
Law Researcher
From India, Gurgaon
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I agree with Simita & Harish. I think two things are important. Firstly, actions should focus on employees (not based on gender). Therefore, if your organization has 10 or more employees, you need to have a defined policy. Secondly, there should be awareness among employees regarding the legal aspects of the policy and assisting your people to respect women. Even if you don't have any female employees, female guests or visitors may come to your organization. Considering your legal responsibilities and the image of your organization, it is a must to do.
From India, Pune
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From India, Pune
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Yes, it is applicable, even the women employee’s number is zero.
From India, Madras
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From India, Madras
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You may not have female employees, but you could have female visitors. As such, design a policy as per the Act and rules made thereunder.
You will be able to design a legally correct policy and impart training to ICC members about conducting inquiries on received complaints.
Shrikant Prabhudesai
7738665045
From India, Mumbai
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You will be able to design a legally correct policy and impart training to ICC members about conducting inquiries on received complaints.
Shrikant Prabhudesai
7738665045
From India, Mumbai
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Sexual harassment act.pdf