Sexual harassment at workplace Act. Whether applicable to industries, where no females are engaged?
From India, Hosur
From India, Hosur
Yes, The act is also applicable to industries, where no female employee works. As per THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION, AND REDRESSAL) ACT, 2013, the definition of employee, employer, sexual harassment, and place of work is as under:
(f) “employee” means a person employed at a workplace for any work on a regular, temporary, ad-hoc, or daily wage basis, either directly or through an agent, including a contractor, with or, without
the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary
basis or otherwise, whether the terms of employment are express or implied and includes a co-worker,
a contract worker, probationer, trainee, apprentice or called by any other such name;
(g) “employer” means—
(i) in relation to any department, organization, undertaking, establishment, enterprise,
institution, office, branch, or unit of the appropriate Government or a local authority, the head of
that department, organization, 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) in any workplace not covered under sub-clause (i), any person responsible for the
management, supervision, and control of the workplace
(n) “sexual harassment” includes any one or more of the following unwelcome acts or behavior
(whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favors; or
(iii) making sexually colored remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
(o) “workplace” includes—
(i) any department, organization, undertaking, establishment, enterprise, institution, office,
branch or unit which is established, owned, controlled, or wholly or substantially financed by
funds provided directly or indirectly by the appropriate Government or the local authority or a
Government company or a corporation or a co-operative society;
(ii) any private sector organization or a private venture, undertaking, enterprise, institution,
establishment, society, trust, non-governmental organization, unit, or service provider carrying on
commercial, professional, vocational, educational, entertainment, industrial, health services or
financial activities including production, supply, sale, distribution, or service;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or games venue, whether
residential or not used for training, sports, or other activities relating thereto;
(v) any place visited by the employee arising out of or during the course of employment
including transportation by the employer for undertaking such journey;
(vi) a dwelling place or a house;
(p) “unorganized sector” in relation to a workplace means an enterprise owned by individuals or
self-employed workers and engaged in the production or sale of goods or providing service of any
kind whatsoever, and where the enterprise employs workers, the number of such workers is less than
ten.
Dr. M. K. Ravi
From India, Delhi
8(f) “employee” means a person employed at a workplace for any work on a regular, temporary, ad-hoc, or daily wage basis, either directly or through an agent, including a contractor, with or, without
the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary
basis or otherwise, whether the terms of employment are express or implied and includes a co-worker,
a contract worker, probationer, trainee, apprentice or called by any other such name;
(g) “employer” means—
(i) in relation to any department, organization, undertaking, establishment, enterprise,
institution, office, branch, or unit of the appropriate Government or a local authority, the head of
that department, organization, 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) in any workplace not covered under sub-clause (i), any person responsible for the
management, supervision, and control of the workplace
(n) “sexual harassment” includes any one or more of the following unwelcome acts or behavior
(whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favors; or
(iii) making sexually colored remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
(o) “workplace” includes—
(i) any department, organization, undertaking, establishment, enterprise, institution, office,
branch or unit which is established, owned, controlled, or wholly or substantially financed by
funds provided directly or indirectly by the appropriate Government or the local authority or a
Government company or a corporation or a co-operative society;
(ii) any private sector organization or a private venture, undertaking, enterprise, institution,
establishment, society, trust, non-governmental organization, unit, or service provider carrying on
commercial, professional, vocational, educational, entertainment, industrial, health services or
financial activities including production, supply, sale, distribution, or service;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or games venue, whether
residential or not used for training, sports, or other activities relating thereto;
(v) any place visited by the employee arising out of or during the course of employment
including transportation by the employer for undertaking such journey;
(vi) a dwelling place or a house;
(p) “unorganized sector” in relation to a workplace means an enterprise owned by individuals or
self-employed workers and engaged in the production or sale of goods or providing service of any
kind whatsoever, and where the enterprise employs workers, the number of such workers is less than
ten.
Dr. M. K. Ravi
From India, Delhi
The Act prescribes that it is applicable where 10 or more employees work, even all Male. This may be debatable. But in certain cases, although all employees are male there are following circumstances wherein applicability of the Act is understood.
1. e.g. a bank where many female customers come for their work
2. e.g. government office where many women citizens come for their work
3. e.g. the employee goes out for company's work and commits misconduct of sexual harassment outside while on duty
For these and such reasons, the Act is applicable. But Internal Committee need not be formed.
Vibhakar Ramtirthkar, Pune
From India, Pune
1. e.g. a bank where many female customers come for their work
2. e.g. government office where many women citizens come for their work
3. e.g. the employee goes out for company's work and commits misconduct of sexual harassment outside while on duty
For these and such reasons, the Act is applicable. But Internal Committee need not be formed.
Vibhakar Ramtirthkar, Pune
From India, Pune
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Sexual harassment act.pdf