---"Sexual Harassment of Women at Workplace is an Act of Misconduct Punishable as per the "Service Rules" Or the Standing Orders---
As far as Employers of Organizations* in India are concerned, Sexual Harassment of Women at their Workplace are to be treated as Acts of Misconduct, Punishable as per their existing Service Rules or their Certified Standing Orders.
Such Employers who do not have the Certified Standing Orders Or the Codified "Service Rules" are violative of the Laws namely Industrial Employment (Standing Orders) Act 1946 and Shops & Establishment Acts, applicable to them, which in itself is liable to Penalties.
Kritarth Team of Special Educators deems it their Duty to draw the Attention of Employers of Organizations/Establishments to the Legal Duties of Employers stipulated/specified under Section-19 ((i) of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and urge them to Initiate Immediate Necessary Action in this regard and comply with the Laws of the Land.
Employers of Organizations ought to also take Note of their Legal Duties enumerated under Section-19 (g), (h) and (i) and initiate Disciplinary Action for such Misconduct. There is No Exemption Or Immunity Or Other Option available to the Employers/Management.
The Only Option available to Employers/Management is clearly and categorically Mandated under Section-19 (i) read together with Sections 9, 11, 12, 13, 14, 15,16, 17, 22,25, 27, 28, of the New Law namely “Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal)
Act 2013 and the Rules framed thereunder by the Central Govt. and gazetted on 9th December 2013. (*Industrial Organizations/Establishments OR Commercial Organization/Establishments).
In the light of the aforesaid, any attempt/move/decision, as it were to accept the Resignation of the Respondent against whom a Sexual Harassment Complaint was or has already been lodged/reported/ filed/registered or admitted, and processing the Resignation Request after he comes to know about the SH Complaint lodged/filed against him, may/ would amount to aberration and or abetment in offense, consequently Breach of the Laws Punishable with Penalties prescribed.
Also Noteworthy is the Text of the Preamble of the SHWW (P, P & R) Act 2013 which states that Sexual Harassment of Women at Workplace is treated as Violation of the Fundamental Rights of the Aggrieved Women, inter alia, Articles 14.19, 21 guaranteed by the Indian Constitution and also the International Convention signed by India Sovereign.
Kritarth Team is available to Guide and Assist Employers in Drafting or Redrafting, or Updating the Codified Service Rules or for required Amendment to the Standing Orders or matter related thereto and or connected therewith so that Compliance is Complete.
Kritarth Team,
27.7.18.
From India, Delhi
200As far as Employers of Organizations* in India are concerned, Sexual Harassment of Women at their Workplace are to be treated as Acts of Misconduct, Punishable as per their existing Service Rules or their Certified Standing Orders.
Such Employers who do not have the Certified Standing Orders Or the Codified "Service Rules" are violative of the Laws namely Industrial Employment (Standing Orders) Act 1946 and Shops & Establishment Acts, applicable to them, which in itself is liable to Penalties.
Kritarth Team of Special Educators deems it their Duty to draw the Attention of Employers of Organizations/Establishments to the Legal Duties of Employers stipulated/specified under Section-19 ((i) of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and urge them to Initiate Immediate Necessary Action in this regard and comply with the Laws of the Land.
Employers of Organizations ought to also take Note of their Legal Duties enumerated under Section-19 (g), (h) and (i) and initiate Disciplinary Action for such Misconduct. There is No Exemption Or Immunity Or Other Option available to the Employers/Management.
The Only Option available to Employers/Management is clearly and categorically Mandated under Section-19 (i) read together with Sections 9, 11, 12, 13, 14, 15,16, 17, 22,25, 27, 28, of the New Law namely “Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal)
Act 2013 and the Rules framed thereunder by the Central Govt. and gazetted on 9th December 2013. (*Industrial Organizations/Establishments OR Commercial Organization/Establishments).
In the light of the aforesaid, any attempt/move/decision, as it were to accept the Resignation of the Respondent against whom a Sexual Harassment Complaint was or has already been lodged/reported/ filed/registered or admitted, and processing the Resignation Request after he comes to know about the SH Complaint lodged/filed against him, may/ would amount to aberration and or abetment in offense, consequently Breach of the Laws Punishable with Penalties prescribed.
Also Noteworthy is the Text of the Preamble of the SHWW (P, P & R) Act 2013 which states that Sexual Harassment of Women at Workplace is treated as Violation of the Fundamental Rights of the Aggrieved Women, inter alia, Articles 14.19, 21 guaranteed by the Indian Constitution and also the International Convention signed by India Sovereign.
Kritarth Team is available to Guide and Assist Employers in Drafting or Redrafting, or Updating the Codified Service Rules or for required Amendment to the Standing Orders or matter related thereto and or connected therewith so that Compliance is Complete.
Kritarth Team,
27.7.18.
From India, Delhi
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Handbook on Sexual Harassment of Women at Workplace.pdf