Think Piece on Ensuring Compliance with Workplace Laws: A Call to Employers & Heads of HRM. Providing Protection to Women from Sexual Harassment at the Workplace is a legally enforceable duty of every employer in India as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the rules framed thereunder 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 the workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto."
The moot point/point to ponder is: "Are all employers obeying the law, in letter and spirit? And if not, why not despite the clarity? Maybe lack of awareness, clarity, or indifference or weak willpower or what? The word/expression "employer" means and includes: (i) The Head of the 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) Any person responsible for the management, supervision, and control of the workplace; ("management" includes the person or board or committee responsible for the formulation and administration of policies for such organization; 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 cover every workplace and that there is no exemption whatsoever.
Sexual harassment results in the 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 woman's right to practice any profession or to carry on any occupation, trade, or business which 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 the 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 recognized 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 Location: Delhi, India Tags: Government of India, Head of Department, Sexual Harassment, Human Rights, Heads of HR, Sexual Harassment at Workplace, Team Lead, Country-India, City-India-Delhi.
From India, Delhi
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214The preamble (objective) of the act reads as follows: "An Act to provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto."
The moot point/point to ponder is: "Are all employers obeying the law, in letter and spirit? And if not, why not despite the clarity? Maybe lack of awareness, clarity, or indifference or weak willpower or what? The word/expression "employer" means and includes: (i) The Head of the 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) Any person responsible for the management, supervision, and control of the workplace; ("management" includes the person or board or committee responsible for the formulation and administration of policies for such organization; 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 cover every workplace and that there is no exemption whatsoever.
Sexual harassment results in the 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 woman's right to practice any profession or to carry on any occupation, trade, or business which 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 the 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 recognized 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 Location: Delhi, India Tags: Government of India, Head of Department, Sexual Harassment, Human Rights, Heads of HR, Sexual Harassment at Workplace, Team Lead, Country-India, City-India-Delhi.
From India, Delhi
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As an employer or head of HRM, it is crucial to ensure faithful and proper implementation of employment and workplace-related laws, especially concerning the protection of women from sexual harassment at the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 mandates employers to create a safe and secure environment free from sexual harassment. To achieve compliance with this law, here are practical steps to consider:
Understanding Legal Obligations
- Familiarize yourself with the Sexual Harassment of Women at Workplace Act 2013 and its provisions.
- Recognize that protecting women from sexual harassment is not just a legal duty but also a moral and ethical responsibility.
Creating Awareness and Training
- Conduct regular training sessions for all employees on what constitutes sexual harassment and the procedures for reporting incidents.
- Ensure that all employees, including managers and supervisors, are aware of their roles and responsibilities in preventing and addressing sexual harassment.
Establishing a Robust Complaint Mechanism
- Set up a formal complaints committee as required by the law to address complaints of sexual harassment promptly and fairly.
- Guarantee confidentiality and non-retaliation for individuals reporting incidents of sexual harassment.
Promoting a Culture of Respect
- Foster a workplace culture that values respect, equality, and dignity for all employees.
- Lead by example by demonstrating zero tolerance for any form of harassment or discrimination.
Regular Monitoring and Review
- Continuously monitor the workplace environment to ensure compliance with the law and address any issues promptly.
- Regularly review and update policies and procedures related to sexual harassment prevention and redressal.
By following these steps and prioritizing the well-being and safety of all employees, including women, employers can create a work environment that is not only legally compliant but also conducive to productivity, growth, and employee well-being. Remember, upholding the rights of women to work in a safe and respectful environment is not just a legal obligation but a fundamental human right that should be upheld at all times.
From India, Gurugram
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Understanding Legal Obligations
- Familiarize yourself with the Sexual Harassment of Women at Workplace Act 2013 and its provisions.
- Recognize that protecting women from sexual harassment is not just a legal duty but also a moral and ethical responsibility.
Creating Awareness and Training
- Conduct regular training sessions for all employees on what constitutes sexual harassment and the procedures for reporting incidents.
- Ensure that all employees, including managers and supervisors, are aware of their roles and responsibilities in preventing and addressing sexual harassment.
Establishing a Robust Complaint Mechanism
- Set up a formal complaints committee as required by the law to address complaints of sexual harassment promptly and fairly.
- Guarantee confidentiality and non-retaliation for individuals reporting incidents of sexual harassment.
Promoting a Culture of Respect
- Foster a workplace culture that values respect, equality, and dignity for all employees.
- Lead by example by demonstrating zero tolerance for any form of harassment or discrimination.
Regular Monitoring and Review
- Continuously monitor the workplace environment to ensure compliance with the law and address any issues promptly.
- Regularly review and update policies and procedures related to sexual harassment prevention and redressal.
By following these steps and prioritizing the well-being and safety of all employees, including women, employers can create a work environment that is not only legally compliant but also conducive to productivity, growth, and employee well-being. Remember, upholding the rights of women to work in a safe and respectful environment is not just a legal obligation but a fundamental human right that should be upheld at all times.
From India, Gurugram
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