Think Piece on
Faithful & Proper Implementation of Employment / Workplace related Laws -- Attention Employers & Heads of HRM
Providing Protection to Woman from Sexual Harassment at Workplace is legally-enforceable Duty of Every Employer in India as per the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed thereunder and gazetted on 9.12.2013.
The Preamble (Objective) of the Act reads as follows:-
"An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto."
Moot Point / Point to Ponder is--" Are all Employers obeying the Law, in Letter and Spirit? And if not Why Not despite the Clarity?" May be lack of Awareness, Clarity or indifference or weak Willpower or What
The Word / Expression "Employer" means and includes
(i) The Head of Department, Organisation, Undertaking, Establishment, Enterprise, Institution, Office, Branch or Unit or such other officer as the appropriate
Government or the local authority, as the case may be, may by an order specify in this behalf;
(ii) Any Person responsible for the Management, Supervision, and Control of the workplace;
(“Management” includes the Person or Board or Committee responsible for formulation and administration of policies for such Organisation; the Person
discharging Contractual Obligations with respect to his or her Employees; in relation to a Dwelling Place or House, a Person or a Household who employs or
benefits from the employment of the Domestic Worker, irrespective of the number, time period or type of such worker employed, or the nature of the
employment or activities performed by the Domestic Worker).
It is, thus crystal- clear that the Provisions of the Act covers every Workplace and that there is No Exemption, whatsoever.
Sexual Harassment results in violation of the Fundamental Rights of a Woman to Equality and her Right to Life and to Live with Dignity vide Articles 14, 15 and 21 of the Constitution of India and Woma's Right to Practice any Profession or to Carry on any Occupation, Trade or Business with includes a Right to a Safe Environment free from Sexual Harassment. The above Constitutional Rights are incorporated in the said SHWW (P, P & R) Act of 2013.
We ought to and have to respect and uphold our own Constitution.
The Government of India, on the 25th June 1993 ratified International Conventions namely Convention on the Elimination of all Forms of Discrimination against Women and incorporated the ratified commitment in the said Act of 2013. Indian Employers who have business abroad need to faithfully comply.
Protection against Sexual Harassment and the Right to Work with Dignity are Universally Recognised Human Rights. Let us all stand by that.
Section-3 stipulates that "No woman shall be subjected to Sexual Harassment at any Workplace.
This can be and must be achieved by Every Employer, Management, Manager, Supervisors, Team Lead, Employee and others concerned by Co-Creating with all the Stakeholders a Safe & Secure Workplace which becomes the Best Place to Work for all including Women. Profits and Productivity will soar / surge the Day we achieve this Workplace Environment. It is Possible, it is Doable.
Every Employer just has to properly and faithfully discharge his / her Duties prescribed in Section-19, Chapter VI of the SHWW (P, P & R) Act 2013 and as Amended by The Repealing & Amendment Act of 2016, Sec-3, Second Schedule amending Section 6, 7 & 24 and gazetted vide Extraordinary Gazette of India on 9.5.2016.
For Clarity, Clarification or Guidance, anyone may Contact
Kritarth Team
Kritarth Consulting Private Limited
27 Sept 2017
From India, Delhi
200Faithful & Proper Implementation of Employment / Workplace related Laws -- Attention Employers & Heads of HRM
Providing Protection to Woman from Sexual Harassment at Workplace is legally-enforceable Duty of Every Employer in India as per the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed thereunder and gazetted on 9.12.2013.
The Preamble (Objective) of the Act reads as follows:-
"An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto."
Moot Point / Point to Ponder is--" Are all Employers obeying the Law, in Letter and Spirit? And if not Why Not despite the Clarity?" May be lack of Awareness, Clarity or indifference or weak Willpower or What
The Word / Expression "Employer" means and includes
(i) The Head of Department, Organisation, Undertaking, Establishment, Enterprise, Institution, Office, Branch or Unit or such other officer as the appropriate
Government or the local authority, as the case may be, may by an order specify in this behalf;
(ii) Any Person responsible for the Management, Supervision, and Control of the workplace;
(“Management” includes the Person or Board or Committee responsible for formulation and administration of policies for such Organisation; the Person
discharging Contractual Obligations with respect to his or her Employees; in relation to a Dwelling Place or House, a Person or a Household who employs or
benefits from the employment of the Domestic Worker, irrespective of the number, time period or type of such worker employed, or the nature of the
employment or activities performed by the Domestic Worker).
It is, thus crystal- clear that the Provisions of the Act covers every Workplace and that there is No Exemption, whatsoever.
Sexual Harassment results in violation of the Fundamental Rights of a Woman to Equality and her Right to Life and to Live with Dignity vide Articles 14, 15 and 21 of the Constitution of India and Woma's Right to Practice any Profession or to Carry on any Occupation, Trade or Business with includes a Right to a Safe Environment free from Sexual Harassment. The above Constitutional Rights are incorporated in the said SHWW (P, P & R) Act of 2013.
We ought to and have to respect and uphold our own Constitution.
The Government of India, on the 25th June 1993 ratified International Conventions namely Convention on the Elimination of all Forms of Discrimination against Women and incorporated the ratified commitment in the said Act of 2013. Indian Employers who have business abroad need to faithfully comply.
Protection against Sexual Harassment and the Right to Work with Dignity are Universally Recognised Human Rights. Let us all stand by that.
Section-3 stipulates that "No woman shall be subjected to Sexual Harassment at any Workplace.
This can be and must be achieved by Every Employer, Management, Manager, Supervisors, Team Lead, Employee and others concerned by Co-Creating with all the Stakeholders a Safe & Secure Workplace which becomes the Best Place to Work for all including Women. Profits and Productivity will soar / surge the Day we achieve this Workplace Environment. It is Possible, it is Doable.
Every Employer just has to properly and faithfully discharge his / her Duties prescribed in Section-19, Chapter VI of the SHWW (P, P & R) Act 2013 and as Amended by The Repealing & Amendment Act of 2016, Sec-3, Second Schedule amending Section 6, 7 & 24 and gazetted vide Extraordinary Gazette of India on 9.5.2016.
For Clarity, Clarification or Guidance, anyone may Contact
Kritarth Team
Kritarth Consulting Private Limited
27 Sept 2017
From India, Delhi
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