Dear All I have a query. Which act says that every organisation should have a policy on sexual harassment? Regards Saritha
From India, Mumbai
Dear Friend
Unfortunately there is no legislation on "Sexual Harrasement at work place" till today
BUT Hon'ble Supreme Court by virtue of powers give under Article 141 of Constitution of India has given guidelines regarding sexual harrasement at work place in the case "Vishakha v/s State of Rajasthan" in 1986.
Regards

From India, Vadodara
Right, There has been guiding principles framed in Writ Petetion (CLR) no 173-177 of 1999 and Award passed by Hon.Supreme Court on 17th Jan 2006 needs to be observed into the institute/industry.Non compliance of the same amounts to "contempt of court".
Regards,
Atul

From India, Mumbai
Also, the Cour has directed to include the policy in the standing orders of an organisation.
From India, Madras
Dear Saritha
Govt of India intends to pass an Act on the subject, it has brought a bill called The Protection Against Sexual Harassment of Women Act, 2005.. You can go through the contents on Draft Bill on Sexual Harresment <link updated to site home> ( Search On Cite | Search On Google ) . Secretary, Department of Women and Child Development, has invited the comments of the interested party.
In the absence of such legislation, guidelines framed by Hon'ble Supreme Court in the "Visaka V state of Rajasthan are the law of the land and under this each employer is bound to implement those guidelines.
Y K Upadhyay

From India, Pune
Sir

Pl guide me my friend selected in Big company as Jr. Officer ( Hr), In offering letter mgt mention his a designation as a Jr. Officer but not mentioned salary which was already decided between them , Hence before joining he telephonically discussed on the matter of salary with concerned person he promise to pay as per his discussion . Company given a appointment letter after 28th days of joining due to resign of HOD but in the appointment letter designating and salary was different, He refused take then mgt say that they don’t know what u discussed with old HOD. we are unable to give as per offering letter ( Designation ) and salary ( which was decided on telephonically). He has no way to accept it otherwise he will become unemployed because his previous job was fulfilled.

Pl legally suggest solution against such types of cheating
pl mail on

From India, Mumbai
Sir

Pl guide me my friend selected in Big company as Jr. Officer ( Hr), In offering letter mgt mention his a designation as a Jr. Officer but not mentioned salary which was already decided between them , Hence before joining he telephonically discussed on the matter of salary with concerned person he promise to pay as per his discussion . Company given a appointment letter after 28th days of joining due to resign of HOD but in the appointment letter designating and salary was different, He refused take then mgt say that they don’t know what u discussed with old HOD. we are unable to give as per offering letter ( Designation ) and salary ( which was decided on telephonically). He has no way to accept it otherwise he will become unemployed because his previous job was fulfilled.

Pl legally suggest solution against such types of cheating
pl mail on

From India, Mumbai
Dear All
The Standing Orders of every Co can be fine tuned to the Visaka case or each Co can frame their own guidelines.
With Regards
V.Sounder Rajan

E-mail :

From India, Bangalore
Dear Alll,
Now since we have the act for sexual Harrassment in place, still is it required to incorporate the Sexual harassment Clause same in the Standing order?. Since the act does not says anything about that.
Kindly guide whether it is still mandatory for the factory to incorpoarte the same in their standing order or separate sheet where in just Sexual harrassment, and its mechanisam is written is fine.
Kindly guide me
Smita
Thank you

From India, Gurgaon
Dear Sir
Thank you
so much for the reply.
i have one more question
since model standing order need not need certificate, now as those organisation where model standing orders are applicable like Mumbai, gujarat should also get the standing order amended to insert sexual harrassment clause to it. Does it requires certification?. Since they are amending the model standing order.
Thank You
Regards
Smita

From India, Gurgaon
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