Dear Seniors
I have to make a Anti Harassment Policy in my company ,meanwhile I came to know about gazetted notification of Sexual Harassment policy under which only women workers can raise their voice and is mandatory for each organization .Regarding the same I have couple of doubts
1) Can I include Gazetted Sexual Harassment policy points in the Anti Harassment policy or do I have to make separate policies ?
2) As per Gazetted Notification of Sexual Harassment,working committee must have one person from NGO, if I want to keep only one policy , how working committee should be constructed ?
please help .
From India, Pune
25I have to make a Anti Harassment Policy in my company ,meanwhile I came to know about gazetted notification of Sexual Harassment policy under which only women workers can raise their voice and is mandatory for each organization .Regarding the same I have couple of doubts
1) Can I include Gazetted Sexual Harassment policy points in the Anti Harassment policy or do I have to make separate policies ?
2) As per Gazetted Notification of Sexual Harassment,working committee must have one person from NGO, if I want to keep only one policy , how working committee should be constructed ?
please help .
From India, Pune
Dear friend
The Law takes precedence over any policy framed by a company; therefore your policy can not over-ride whatever is given in the Act.
You have to follow whatever is prescribed in the Act; and that is the purpose of having an Act.
You have not given your location. If your company is functioning or operating within India, you have to necessarily follow the Laws of the land; else it will be considered a violation and a punishable offence.
I hope your company is not into the media sector.
Warm regards.
From India, Delhi
The Law takes precedence over any policy framed by a company; therefore your policy can not over-ride whatever is given in the Act.
You have to follow whatever is prescribed in the Act; and that is the purpose of having an Act.
You have not given your location. If your company is functioning or operating within India, you have to necessarily follow the Laws of the land; else it will be considered a violation and a punishable offence.
I hope your company is not into the media sector.
Warm regards.
From India, Delhi
Thanks you Sir for the prompt reply.My company is in Pune. Please clarify one more thing.As per the Sexual Harassment policy ,only women can raise their grievances.What about male employees.
From India, Pune
From India, Pune
Dear Meenakshi
I appreciate your point, raising this very pertinent counter-point; as even male employees face sexual harassment.
However; as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; only women have been allowed to raise their complaints/grievances.
It seems our Legislature has not matured or modernized to the extent to think that such workplace policies should be gender-neutral; or perhaps they in their male-chauvinism think that males are capable of taking care of themselves. This again is a very prejudicial to the concept of gender equality.
Warm regards.
From India, Delhi
I appreciate your point, raising this very pertinent counter-point; as even male employees face sexual harassment.
However; as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; only women have been allowed to raise their complaints/grievances.
It seems our Legislature has not matured or modernized to the extent to think that such workplace policies should be gender-neutral; or perhaps they in their male-chauvinism think that males are capable of taking care of themselves. This again is a very prejudicial to the concept of gender equality.
Warm regards.
From India, Delhi
It is true that this Act is only for protection of women. Internal complaints committee shal be formed within the frame work of the Act. It is also true, that it is gender biased and though there is protection for falso complaints, am not sure to what extent it can protect. We know pretty well how some legislations like 498 A of IPC and some religious/ other community based provisions are being abused/misused to settle scores. Hope the legislation bodies shalll open to realities and do real Acts for citizens. till then we have to live with them.
From India, Hyderabad
From India, Hyderabad
Dear friend,
I'm not fully aware of any establishment in India have a policy to protect/rights of male employees against harassment by other genders. However the PPT in this link of other country may help you to draft such a policy applicable to all the genders & other considerations upon which you might as well redraft to suit your requirements. Your thought/efforts to draft a common code/policy is laudable notwithstanding the fact whether or not your efforts would bear fruits.
dol.gov#8206;
All the best.
From India, Bangalore
I'm not fully aware of any establishment in India have a policy to protect/rights of male employees against harassment by other genders. However the PPT in this link of other country may help you to draft such a policy applicable to all the genders & other considerations upon which you might as well redraft to suit your requirements. Your thought/efforts to draft a common code/policy is laudable notwithstanding the fact whether or not your efforts would bear fruits.
dol.gov#8206;
All the best.
From India, Bangalore
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Anti Sexual Harassment Policy.doc