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Training Module- TAD ppt

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Training Module- TAD ppt

  1. 1. Sexual Harassment at Workplace Group Members- Bakul Shysta Prerna Anitha Shrishti Dhanashree
  2. 2. Training on Sexual Harassment Law in India
  3. 3. What is Sexual Harassment ? Making sexually colored remarks A demand or request for sexual favors Showing pornography Sexual Harassment Physical contact and advances Unwelcome physical, verbal or non-verbal conduct of sexual nature
  4. 4. Types of Sexual Harassment 1. Quid Pro Quo Environment -means “something for something” 2. Hostile Environment
  5. 5. Complaints Committee • Two kinds of committee for different types of organization are provided for in the law • An Internal Complaints Committee (ICC), at least a 5 member committee at all workplaces employing 10 or more workers • A Local Complaints Committee (LCC). A five-member committee at the district level for handling complaints from workplaces employing less than 10 workers • When the complaint is against the employer, it will be handled by LCC • Constitution  headed by woman employed at a senior level amongst employees  half of the members to be women  to include third party-NGO/other body  2 persons amongst employees committed to cause of women/experience in social work/ legal knowledge
  6. 6. Duties of Employer Every Employer shall  Framing of an Anti-Sexual Harassment Policy  To be notified, published and circulated within organization  When such conduct amounts to a specific offence under Indian Penal Code/ any other law ( such as Rape), employer to initiate action by filing complaint with appropriate authority  Establishment of complaint redressal mechanism within organization
  7. 7.  Disciplinary action when allegations of sexual harassment proved  Encouraging employees to raise any issue of sexual harassment  When outside party is alleged to have subjected employee to sexual harassment, employer to help employee initiate action against such person  Carry out employee awareness programs
  8. 8. Inquiry Procedure Inquiry Principles of natural justice to be followed Inquiry report to be submitted to the Employer and the parties No action to be taken; Assessment of whether charges are false/malicious • ICC/LCC to inquire into whether the allegations were made with a malicious intention. • Inability to substantiate the complaint or provide adequate proof doesn’t not amount to malice. Punishment as per service rules; Monetary penalty payable to the aggrieved woman Appeal to court/tribunal Allegation not proved Allegation proved [within 60 days]
  9. 9. Procedures for Filing a Complaint • A complaint shall include 6 copies with supporting documents • The complaint committee should send one copy to the respondent within 7 working days to get a reply • The respondent has to file his reply within 10 working days • The complaint committee has to inquire into the complaint, with principles of natural justice
  10. 10. Period of Inquiry & Action • The Committee is required to complete the inquiry within 90 days • On completion of the inquiry, the report should be sent to either the employer or the District Officer within 10 days of its completion • they are mandated to take action on the report within 60 days • If allegation is not proved the committee to send a report stating that no action is required
  11. 11. Grievance Redressal Process Incident of Sexual Harassment Complaint made to ICC/LCC Settlement  Not monetary;  ICC to record settlement and forward to LCC and parties  No further inquiry INQUIRY Reasons for delay to be recorded in writing Beyond 3 months 3 months Employee requests for a settlement No settlement Employee does not request for settlement Beyond 3 months
  12. 12. Penalties  Act prescribes penalty for not a) establishing Committee b) submitting annual report c) submitting inquiry report d) taking action against false complaint/evidence  And for contravention of other provision of Act/Rules  Penalty: Rs. 50,000
  13. 13. Emerging Trends • Dangerous Workplaces • Social Media and Global Privacy • Whistle blowing and overcoming Corruption are a Business priority • The New face of Discrimination • Third party Funding of Litigation • Global Mobility • Rise of Contingent Workforce worldwide • Global Arbitration and rise of Soft Law
  14. 14. Thank you !

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