The document provides guidance on employers' duties under sexual harassment laws in India. It discusses several key points:
1. Most organizations have constituted Internal Complaints Committees (ICCs) as required, but few are aware that ICCs must be formed at each office with 10+ employees. The law also covers complaints from third parties like contractors visiting the premises.
2. Employers' duties do not end with forming an ICC - policies must comply with law provisions and cover incidents during work transportation. Consequences for misconduct like termination must be specified.
3. Employers must display information about sexual harassment penal consequences and the ICC composition conspicuously. Some organizations must report ICC activities in annual reports filed with regulatory
The document summarizes India's key laws regarding sexual harassment, including:
1) The Vishaka Guidelines established in 1997 that made sexual harassment a violation of women's fundamental rights and outlined employer responsibilities.
2) The Sexual Harassment of Women at Workplace Act of 2013 that defines sexual harassment and establishes complaint mechanisms like Internal Complaints Committees.
3) It details the duties of employers to provide a safe work environment and prevent and address sexual harassment complaints.
Cracking the Whip Against Sexual Harassment at WorkplacesParneet Birgi
The Indian government is strictly enforcing the Sexual Harassment of Women at Workplace Act from 2013. Employers who do not properly implement the law, including establishing internal committees to handle complaints, face fines up to 50,000 rupees. The law aims to create safe and harassment-free work environments for women, who make up about a quarter of India's workforce. Proper implementation requires clear anti-harassment policies, unbiased internal complaint committees that handle issues sensitively and ensure no retaliation against complainants, as well as regular employee training on respect and unacceptable conduct.
Cracking the Whip Against Sexual Harassment at Workplacesfemme LIBERA
The Indian government is strictly enforcing the Sexual Harassment of Women at Workplace Act from 2013. Employers who do not properly implement the law, including establishing internal committees to handle complaints, face fines up to 50,000 rupees. The law aims to create safe and harassment-free work environments for women, who make up about a quarter of India's workforce. Proper implementation requires clear anti-harassment policies, unbiased internal complaint committees that handle issues sensitively and ensure no retaliation against complainants, as well as regular employee training on respect and unacceptable conduct.
The document summarizes Indian laws and guidelines around sexual harassment at workplaces. It discusses the Vishaka Guidelines established by the Supreme Court in 1997 that made preventing and addressing sexual harassment an employer's duty. It also outlines the Sexual Harassment of Women at Workplace Act of 2013, which provides a framework for internal complaints committees, local complaints committees, grievance procedures, duties of employers, and penalties for non-compliance. The act aims to protect women's fundamental rights to equality, life with dignity, and a safe work environment free from sexual harassment.
Sexual Harassment of Women at Workplace Act, 2013 (POSH Act)CS Jigar Shah
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or POSH Act protects women from sexual harassment at the workplace. It requires employers with 10 or more employees to form an internal committee to investigate complaints. The committee must include a presiding officer and members from the organization as well as an outside expert. Employers who do not comply with the POSH Act can face fines up to 50,000 rupees. The Act aims to provide a safe work environment free of sexual harassment.
The sexual harassment of women at workplaceSWAPNIL KARADE
This document provides information about the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 in India. It defines key terms like aggrieved woman, employee, domestic worker and employer. It outlines the types of committees established by the act - internal complaint committees and local complaint committees. It describes the complaint process and how committees are to handle inquiries, conciliation and produce reports. It also explains the potential remedies and actions that can be taken against the respondent if allegations are proven.
This document discusses the prevention of sexual harassment of women in the workplace in India. It provides statistics showing that 52% of women experience sexual harassment at work, including unwanted physical contact. While only 1 in 5 women report harassment, 80% believe the outcome would be poor if they did. The document defines sexual harassment and outlines laws and policies to prevent harassment, including the formation of internal complaint committees to address allegations. It discusses responsibilities of employers and employees to promote a respectful work environment free of sexual misconduct.
The document discusses India's Prevention of Sexual Harassment of Women at Workplace (PoSH) Act of 2013. It notes that 52% of women experience sexual harassment at work, including unwanted physical contact for 25% and sexual advances for 20%. While only 1 in 5 women report harassment, 80% believe the outcome will be poor or their situation will worsen. The act defines sexual harassment and requires employers to establish Internal Complaint Committees to handle harassment complaints and ensure women are not subjected to harassment. It outlines complaint procedures, punishments, and employees' responsibilities to prevent and address harassment.
The document summarizes India's key laws regarding sexual harassment, including:
1) The Vishaka Guidelines established in 1997 that made sexual harassment a violation of women's fundamental rights and outlined employer responsibilities.
2) The Sexual Harassment of Women at Workplace Act of 2013 that defines sexual harassment and establishes complaint mechanisms like Internal Complaints Committees.
3) It details the duties of employers to provide a safe work environment and prevent and address sexual harassment complaints.
Cracking the Whip Against Sexual Harassment at WorkplacesParneet Birgi
The Indian government is strictly enforcing the Sexual Harassment of Women at Workplace Act from 2013. Employers who do not properly implement the law, including establishing internal committees to handle complaints, face fines up to 50,000 rupees. The law aims to create safe and harassment-free work environments for women, who make up about a quarter of India's workforce. Proper implementation requires clear anti-harassment policies, unbiased internal complaint committees that handle issues sensitively and ensure no retaliation against complainants, as well as regular employee training on respect and unacceptable conduct.
Cracking the Whip Against Sexual Harassment at Workplacesfemme LIBERA
The Indian government is strictly enforcing the Sexual Harassment of Women at Workplace Act from 2013. Employers who do not properly implement the law, including establishing internal committees to handle complaints, face fines up to 50,000 rupees. The law aims to create safe and harassment-free work environments for women, who make up about a quarter of India's workforce. Proper implementation requires clear anti-harassment policies, unbiased internal complaint committees that handle issues sensitively and ensure no retaliation against complainants, as well as regular employee training on respect and unacceptable conduct.
The document summarizes Indian laws and guidelines around sexual harassment at workplaces. It discusses the Vishaka Guidelines established by the Supreme Court in 1997 that made preventing and addressing sexual harassment an employer's duty. It also outlines the Sexual Harassment of Women at Workplace Act of 2013, which provides a framework for internal complaints committees, local complaints committees, grievance procedures, duties of employers, and penalties for non-compliance. The act aims to protect women's fundamental rights to equality, life with dignity, and a safe work environment free from sexual harassment.
Sexual Harassment of Women at Workplace Act, 2013 (POSH Act)CS Jigar Shah
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or POSH Act protects women from sexual harassment at the workplace. It requires employers with 10 or more employees to form an internal committee to investigate complaints. The committee must include a presiding officer and members from the organization as well as an outside expert. Employers who do not comply with the POSH Act can face fines up to 50,000 rupees. The Act aims to provide a safe work environment free of sexual harassment.
The sexual harassment of women at workplaceSWAPNIL KARADE
This document provides information about the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 in India. It defines key terms like aggrieved woman, employee, domestic worker and employer. It outlines the types of committees established by the act - internal complaint committees and local complaint committees. It describes the complaint process and how committees are to handle inquiries, conciliation and produce reports. It also explains the potential remedies and actions that can be taken against the respondent if allegations are proven.
This document discusses the prevention of sexual harassment of women in the workplace in India. It provides statistics showing that 52% of women experience sexual harassment at work, including unwanted physical contact. While only 1 in 5 women report harassment, 80% believe the outcome would be poor if they did. The document defines sexual harassment and outlines laws and policies to prevent harassment, including the formation of internal complaint committees to address allegations. It discusses responsibilities of employers and employees to promote a respectful work environment free of sexual misconduct.
The document discusses India's Prevention of Sexual Harassment of Women at Workplace (PoSH) Act of 2013. It notes that 52% of women experience sexual harassment at work, including unwanted physical contact for 25% and sexual advances for 20%. While only 1 in 5 women report harassment, 80% believe the outcome will be poor or their situation will worsen. The act defines sexual harassment and requires employers to establish Internal Complaint Committees to handle harassment complaints and ensure women are not subjected to harassment. It outlines complaint procedures, punishments, and employees' responsibilities to prevent and address harassment.
The document provides an overview of the Prevention of Sexual Harassment (POSH) at Workplace Act in India. Some key points covered include:
- The history and legislation behind the POSH Act, originating from the 1997 Vishakha Guidelines established by the Supreme Court.
- Important definitions under the POSH Act regarding sexual harassment, employees, and workplace.
- Requirements for employers to establish Internal Complaint Committees to handle sexual harassment complaints as well as Local Committees at the district level.
- The process for filing complaints, conducting inquiries which include fact finding and issuing reports, interim relief measures, and the option for conciliation.
- Punishments and compensation that can be
Running head LEGAL POLICY AND HUMAN RESOURSE .docxwlynn1
Running head: LEGAL POLICY AND HUMAN RESOURSE 1
LEGAL POLICY AND HUMAN RESOURCE 4
Legal Policy and Human Resource
Student’s Name
Institution Affiliation
Legal Policy and Human Resource
Written presentation
A written presentation in a legal case and a legal concept is more often beneficial regardless of the case may be or whether a court has directed one to file any. Judges barely complain about written presentation so long as the opposing party is given a copy. Written submission entails the identity of the case plus the party which a barrister is writing the presentation for. It should be brief and not repetitive, be rightfully structured according to the nature of a case, e.g., use of appropriate headings and sub-heading, provide tables of content in complex cases. Headings should not be generic but rather useful, be in a logical order for easy decision making. A written presentation should be written early and often. A problem may arise when drafting the presentation and the earlier they are identified, the easier it will be to fix them.
The written presentation should at least be submitted to a judge a day before the hearing. It is better for one to email the presentation to the chamber then file them at the registry. Written submission should contain an opening, legal issues, and closing submissions. After one is done with writing the presentation, he/she should proofread it to collect grammatical errors, spelling mistakes, and poor formatting.
Oral presentation
In oral presentations, the first golden rule is for barristers to know that their first duty is not to their clients but rather to the court. A lawyer must never mislead a court because the court looks upon them for assistance (Mlphurs, 2013). If a court asks a question, the lawyer should answer it; if he or she is unable to answer, he should seek for assistance or take the question on notice. During the hearing, a lawyer should announce his or/her name and the party he appears for transparently. He/she should be prepared with short written notes discussed with any other side beforehand. State matters that are contentious and those that are not, have documents needed ready and copies for the opposing party, bring copies to the court as well and be aware of the power that the court posses to grant the orders your seeking. In the notice of the motion, a lawyer should state the power for relief sought if it is not contained in motion, give copies of any written evidence to the opponents, give summary of the details in the presiding, state what evidence he/she is relying on, The oral presentation should also have an opening submission, evidence, and closing submission. The opening submission should be brief, the evidence should be relevant and finally the closing submission should be referred back to the evidences provided.
Legal terminologies in employmen.
This document provides information on sexual harassment of women in the workplace in India. It defines sexual harassment and outlines what behaviors constitute harassment. It notes that 52% of women experience harassment at work, including unwanted touching or sexual advances. While one in five women report harassment, 80% believe the outcome will be poor if they do. The document discusses the Sexual Harassment of Women at Workplace Act and the responsibilities of employers to prevent harassment through training and establishing internal committees to handle complaints. It provides guidance on filing complaints and the complaint resolution process.
Sexual harassment of women at workplace (Prevention, Prohibition and Redressa...Isha Verma
This document provides a critical analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 in India. It summarizes the key differences between the guidelines established in the Vishaka judgment and the provisions of the 2013 Act. It also outlines some drawbacks of the Act, including the fear of retaliation preventing many women from reporting harassment, limited recourse for those in the informal sector, and a lack of compliance audits and governmental scrutiny to properly enforce the Act.
The document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent harassment as per the Sexual Harassment of Women at Workplace Act 2013. Key points include defining harassment, establishing internal committees to handle complaints, filing complaints within 3 months, conciliation procedures, investigation process within 90 days, potential punishments, and maintaining confidentiality.
POSH Act 2013 Awareness And Training Modulestudyneur
The document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent harassment as per the Sexual Harassment of Women at Workplace Act 2013. Key points include defining sexual harassment, establishing internal committees to handle complaints, filing complaints and investigation procedures, potential punishments, and the responsibilities of employers and employees to prevent harassment.
This document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent it according to the Sexual Harassment of Women at Workplace Act. Key points include defining sexual harassment as any unwelcome sexually determined behavior, requiring companies to establish Internal Complaint Committees to address complaints, and outlining complaint and investigation procedures to provide remedies for aggrieved women employees. Punishments are also specified for harassment and false complaints. The overall goal is to create a safe work environment free of sexual harassment.
This document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent it according to the Sexual Harassment of Women at Workplace Act. Key points include defining sexual harassment as any unwelcome sexually determined behavior, requiring companies to establish Internal Complaint Committees to address complaints, and outlining complaint and investigation procedures to provide remedies for aggrieved women employees. Punishments are also specified for perpetrators and false complaints. The overall goal is to educate about and prevent sexual harassment to create safe and healthy workplaces.
This document provides information about sexual harassment of women in the workplace in India. It discusses key statistics showing the prevalence of sexual harassment experienced by women. The document outlines what constitutes sexual harassment according to the law and examples of harassing behaviors. It explains the responsibilities of employers under the Prevention of Sexual Harassment Act to prevent harassment, such as establishing internal committees to handle complaints. The complaint process and potential punishments for harassers and false complaints are also summarized. The overall message is that sexual harassment has no place in the workplace and can have legal and financial consequences.
This document discusses India's Prevention of Sexual Harassment of Women at Workplace (PoSH) Act of 2013. It notes that women's participation in the workforce is low in both rural and urban areas of India. It also summarizes findings that over half of women experience sexual harassment at work and outlines some of the common forms it takes. The document explains employees' and employers' responsibilities under the law to prevent harassment and establish internal committees to address complaints. It describes the complaint process and potential penalties for harassment or false claims. The overall message is that sexual harassment has no place in the workplace and all employees should work to prevent it.
Prevention of Sexual Harassment at Workplace in IndiaAdv Rajasekharan
The presentation provides an overview of "the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act" & its rules.
The law came into force on 9th December 2013, replacing Supreme Court's Vishaka Guidelines 1977. (Updated this presentation on 22 April 2014).
Sexual Harrassment at Workplace Act 2013 Sep 22 (2).pptxOSCMadurai
This document provides information about training and capacity building services related to gender responsive COVID-19 recovery. It discusses India signing CEDAW in 1979 and the Vishaka Judgement of 1997 which acknowledged sexual harassment as a violation of fundamental rights. The Sexual Harassment of Women at Workplace Act of 2013 is summarized, including definitions of workplace sexual harassment, the requirement to establish Internal and Local Complaints Committees, and the grievance redressal process.
This document proposes a comprehensive sexual harassment policy for Arbor Building Services to comply with legal requirements and prevent costly lawsuits. It outlines the need for a policy due to a recent sexual harassment lawsuit filed against the company. The policy aims to clearly define harassment, establish procedures for reporting incidents and investigating complaints, ensure confidentiality, provide training to promote prevention, and designate an employee to coordinate compliance. Research cited shows sexual harassment claims and related costs to companies have sharply increased in recent years, emphasizing the importance of a strong policy.
The document summarizes India's national laws and policies regarding the prevention of sexual harassment of women in the workplace. It outlines key socio-cultural factors, constitutional rights, national commissions established, and statistics related to women's education, health, and representation in government. It then discusses definitions of sexual harassment, employer responsibilities, and guidelines issued by the Supreme Court. Finally, it proposes a social marketing plan to increase awareness of sexual harassment prevention through various promotional activities, partnerships, and an allocated budget.
Law relating to sexual harassment of women at workplaceReshma Suresh
This document provides a detailed analysis of laws relating to sexual harassment of women in the workplace in India. It discusses the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, landmark court cases like Vishaka v. State of Rajasthan, and issues with provisions like section 10 which allows for conciliation. It argues that changing societal mindsets is needed along with strong laws and enforcement to effectively prevent sexual harassment and ensure safe work environments for women.
The sexual harassment of women at workplaceVaibhav Netke
This document outlines the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 in India. The key points are: it provides protection against sexual harassment and a complaint process; defines sexual harassment as unwanted conduct of a sexual nature; requires employers over a certain size to form Internal Complaint Committees to address harassment complaints; and outlines steps for filing complaints, investigation and potential penalties. The overall goal is to protect women's right to a safe work environment and dignity at work as guaranteed by the Indian Constitution.
EY Reining-in-sexual-harassment-at-the-workplace-in-india surveyAkhilesh Krishnan
1) A survey by EY finds that while many companies have taken initial steps to comply with India's law against sexual harassment, such as forming internal committees, true compliance and awareness remains low.
2) Areas that require more work include training internal committee members, publicizing consequences of harassment, and ensuring employees understand their rights and reporting procedures.
3) Non-compliance can result in penalties for companies, but handling complaints properly is also important to avoid reputational damage from mishandled cases.
This is a sample sensitisation presentation on Sexual Harassment of Women at Workplace Act, 2013. This can be used to sensitise the employees as required under the law.
The document summarizes key aspects of the Protection of Women from Sexual Harassment at Workplace Act in India. It discusses the historical Bhanwari Devi case that led to the Vishaka guidelines, which established workplace protections and complaint mechanisms. It defines sexual harassment and outlines the important provisions and definitions within the Act, including establishing complaint committees and mandatory training and awareness sessions for employers. The document also discusses the mixed record of the judiciary in both establishing protections but failing to deliver justice in Bhanwari Devi's own case.
The document provides an overview of the Prevention of Sexual Harassment (POSH) at Workplace Act in India. Some key points covered include:
- The history and legislation behind the POSH Act, originating from the 1997 Vishakha Guidelines established by the Supreme Court.
- Important definitions under the POSH Act regarding sexual harassment, employees, and workplace.
- Requirements for employers to establish Internal Complaint Committees to handle sexual harassment complaints as well as Local Committees at the district level.
- The process for filing complaints, conducting inquiries which include fact finding and issuing reports, interim relief measures, and the option for conciliation.
- Punishments and compensation that can be
Running head LEGAL POLICY AND HUMAN RESOURSE .docxwlynn1
Running head: LEGAL POLICY AND HUMAN RESOURSE 1
LEGAL POLICY AND HUMAN RESOURCE 4
Legal Policy and Human Resource
Student’s Name
Institution Affiliation
Legal Policy and Human Resource
Written presentation
A written presentation in a legal case and a legal concept is more often beneficial regardless of the case may be or whether a court has directed one to file any. Judges barely complain about written presentation so long as the opposing party is given a copy. Written submission entails the identity of the case plus the party which a barrister is writing the presentation for. It should be brief and not repetitive, be rightfully structured according to the nature of a case, e.g., use of appropriate headings and sub-heading, provide tables of content in complex cases. Headings should not be generic but rather useful, be in a logical order for easy decision making. A written presentation should be written early and often. A problem may arise when drafting the presentation and the earlier they are identified, the easier it will be to fix them.
The written presentation should at least be submitted to a judge a day before the hearing. It is better for one to email the presentation to the chamber then file them at the registry. Written submission should contain an opening, legal issues, and closing submissions. After one is done with writing the presentation, he/she should proofread it to collect grammatical errors, spelling mistakes, and poor formatting.
Oral presentation
In oral presentations, the first golden rule is for barristers to know that their first duty is not to their clients but rather to the court. A lawyer must never mislead a court because the court looks upon them for assistance (Mlphurs, 2013). If a court asks a question, the lawyer should answer it; if he or she is unable to answer, he should seek for assistance or take the question on notice. During the hearing, a lawyer should announce his or/her name and the party he appears for transparently. He/she should be prepared with short written notes discussed with any other side beforehand. State matters that are contentious and those that are not, have documents needed ready and copies for the opposing party, bring copies to the court as well and be aware of the power that the court posses to grant the orders your seeking. In the notice of the motion, a lawyer should state the power for relief sought if it is not contained in motion, give copies of any written evidence to the opponents, give summary of the details in the presiding, state what evidence he/she is relying on, The oral presentation should also have an opening submission, evidence, and closing submission. The opening submission should be brief, the evidence should be relevant and finally the closing submission should be referred back to the evidences provided.
Legal terminologies in employmen.
This document provides information on sexual harassment of women in the workplace in India. It defines sexual harassment and outlines what behaviors constitute harassment. It notes that 52% of women experience harassment at work, including unwanted touching or sexual advances. While one in five women report harassment, 80% believe the outcome will be poor if they do. The document discusses the Sexual Harassment of Women at Workplace Act and the responsibilities of employers to prevent harassment through training and establishing internal committees to handle complaints. It provides guidance on filing complaints and the complaint resolution process.
Sexual harassment of women at workplace (Prevention, Prohibition and Redressa...Isha Verma
This document provides a critical analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 in India. It summarizes the key differences between the guidelines established in the Vishaka judgment and the provisions of the 2013 Act. It also outlines some drawbacks of the Act, including the fear of retaliation preventing many women from reporting harassment, limited recourse for those in the informal sector, and a lack of compliance audits and governmental scrutiny to properly enforce the Act.
The document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent harassment as per the Sexual Harassment of Women at Workplace Act 2013. Key points include defining harassment, establishing internal committees to handle complaints, filing complaints within 3 months, conciliation procedures, investigation process within 90 days, potential punishments, and maintaining confidentiality.
POSH Act 2013 Awareness And Training Modulestudyneur
The document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent harassment as per the Sexual Harassment of Women at Workplace Act 2013. Key points include defining sexual harassment, establishing internal committees to handle complaints, filing complaints and investigation procedures, potential punishments, and the responsibilities of employers and employees to prevent harassment.
This document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent it according to the Sexual Harassment of Women at Workplace Act. Key points include defining sexual harassment as any unwelcome sexually determined behavior, requiring companies to establish Internal Complaint Committees to address complaints, and outlining complaint and investigation procedures to provide remedies for aggrieved women employees. Punishments are also specified for harassment and false complaints. The overall goal is to create a safe work environment free of sexual harassment.
This document discusses the prevention of sexual harassment of women in the workplace in India. It defines sexual harassment and outlines responsibilities and procedures to prevent it according to the Sexual Harassment of Women at Workplace Act. Key points include defining sexual harassment as any unwelcome sexually determined behavior, requiring companies to establish Internal Complaint Committees to address complaints, and outlining complaint and investigation procedures to provide remedies for aggrieved women employees. Punishments are also specified for perpetrators and false complaints. The overall goal is to educate about and prevent sexual harassment to create safe and healthy workplaces.
This document provides information about sexual harassment of women in the workplace in India. It discusses key statistics showing the prevalence of sexual harassment experienced by women. The document outlines what constitutes sexual harassment according to the law and examples of harassing behaviors. It explains the responsibilities of employers under the Prevention of Sexual Harassment Act to prevent harassment, such as establishing internal committees to handle complaints. The complaint process and potential punishments for harassers and false complaints are also summarized. The overall message is that sexual harassment has no place in the workplace and can have legal and financial consequences.
This document discusses India's Prevention of Sexual Harassment of Women at Workplace (PoSH) Act of 2013. It notes that women's participation in the workforce is low in both rural and urban areas of India. It also summarizes findings that over half of women experience sexual harassment at work and outlines some of the common forms it takes. The document explains employees' and employers' responsibilities under the law to prevent harassment and establish internal committees to address complaints. It describes the complaint process and potential penalties for harassment or false claims. The overall message is that sexual harassment has no place in the workplace and all employees should work to prevent it.
Prevention of Sexual Harassment at Workplace in IndiaAdv Rajasekharan
The presentation provides an overview of "the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act" & its rules.
The law came into force on 9th December 2013, replacing Supreme Court's Vishaka Guidelines 1977. (Updated this presentation on 22 April 2014).
Sexual Harrassment at Workplace Act 2013 Sep 22 (2).pptxOSCMadurai
This document provides information about training and capacity building services related to gender responsive COVID-19 recovery. It discusses India signing CEDAW in 1979 and the Vishaka Judgement of 1997 which acknowledged sexual harassment as a violation of fundamental rights. The Sexual Harassment of Women at Workplace Act of 2013 is summarized, including definitions of workplace sexual harassment, the requirement to establish Internal and Local Complaints Committees, and the grievance redressal process.
This document proposes a comprehensive sexual harassment policy for Arbor Building Services to comply with legal requirements and prevent costly lawsuits. It outlines the need for a policy due to a recent sexual harassment lawsuit filed against the company. The policy aims to clearly define harassment, establish procedures for reporting incidents and investigating complaints, ensure confidentiality, provide training to promote prevention, and designate an employee to coordinate compliance. Research cited shows sexual harassment claims and related costs to companies have sharply increased in recent years, emphasizing the importance of a strong policy.
The document summarizes India's national laws and policies regarding the prevention of sexual harassment of women in the workplace. It outlines key socio-cultural factors, constitutional rights, national commissions established, and statistics related to women's education, health, and representation in government. It then discusses definitions of sexual harassment, employer responsibilities, and guidelines issued by the Supreme Court. Finally, it proposes a social marketing plan to increase awareness of sexual harassment prevention through various promotional activities, partnerships, and an allocated budget.
Law relating to sexual harassment of women at workplaceReshma Suresh
This document provides a detailed analysis of laws relating to sexual harassment of women in the workplace in India. It discusses the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, landmark court cases like Vishaka v. State of Rajasthan, and issues with provisions like section 10 which allows for conciliation. It argues that changing societal mindsets is needed along with strong laws and enforcement to effectively prevent sexual harassment and ensure safe work environments for women.
The sexual harassment of women at workplaceVaibhav Netke
This document outlines the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 in India. The key points are: it provides protection against sexual harassment and a complaint process; defines sexual harassment as unwanted conduct of a sexual nature; requires employers over a certain size to form Internal Complaint Committees to address harassment complaints; and outlines steps for filing complaints, investigation and potential penalties. The overall goal is to protect women's right to a safe work environment and dignity at work as guaranteed by the Indian Constitution.
EY Reining-in-sexual-harassment-at-the-workplace-in-india surveyAkhilesh Krishnan
1) A survey by EY finds that while many companies have taken initial steps to comply with India's law against sexual harassment, such as forming internal committees, true compliance and awareness remains low.
2) Areas that require more work include training internal committee members, publicizing consequences of harassment, and ensuring employees understand their rights and reporting procedures.
3) Non-compliance can result in penalties for companies, but handling complaints properly is also important to avoid reputational damage from mishandled cases.
This is a sample sensitisation presentation on Sexual Harassment of Women at Workplace Act, 2013. This can be used to sensitise the employees as required under the law.
The document summarizes key aspects of the Protection of Women from Sexual Harassment at Workplace Act in India. It discusses the historical Bhanwari Devi case that led to the Vishaka guidelines, which established workplace protections and complaint mechanisms. It defines sexual harassment and outlines the important provisions and definitions within the Act, including establishing complaint committees and mandatory training and awareness sessions for employers. The document also discusses the mixed record of the judiciary in both establishing protections but failing to deliver justice in Bhanwari Devi's own case.
Similar to Sexual Harassment Act - Duties.ppt (20)
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
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Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
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Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaints
Sexual Harassment Act - Duties.ppt
1.
2. Duties of employers do not end with
constituting an ICC.
Here is a list of duties that the
employers must comply under the
sexual harassment law
2
3. Most organisations have created an internal complaints
committee, a very few of the organisations are aware of
the fact that they must constitute an ‘Internal Complaints
Committee’ (“ICC”) at each office or branch that employs
at least 10 employees.
The law requires all organizations having 10 or more
employees, even if they do not have women employees to
constitute an ICC? This compliance is important because
the law allows even third parties like contractors,
customers and anyone who is visiting the premises of an
organization to file a complaint of sexual harassment that
took place with the workplace.
3
4. Some organisations already have anti-sexual harassment
policy. The basic principles of anti-sexual harassment law
remain the same and there is no harm in considering the
best practices of the industry globally.
This Act considers transportation provided by the office to
be part of the workplace and any incident of sexual
harassment that happened in the transport will be treated
in the same manner as if it happened in the office
premises. It is important that the policy is drafted in
accordance with the provisions of the new Act and clearly
incorporates such provisions as laid down under the law.
4
5. The Sexual Harassment Act requires the employer to treat
any instances of sexual harassment as misconduct under
the rules of employment.
Consequences for misconduct should be specified – apart
from deduction of wages or other measure such as
termination of employment, these could also include other
measures, such as termination of employment or transfer
to another location.
5
6. Do you display conspicuously at the workplace, the
penal consequences of indulging in acts that may
constitute sexual harassment and the composition
of the Internal Complaints Committee?
6
7. Certain businesses are required to file an annual report
with a government body – for example, companies must
file their annual reports with the Registrar of Companies.
Similarly, public trusts and societies are also required to
file such reports with the Charity Commissioner or the
Registrar of Societies. In such cases (where annual reports
are to be filed), information about sexual harassment
must be included in the annual report.
The ICC is required to submit reports pertaining to its
activities (which need to be submitted at the end of each
calendar year, ie, after 31st December).
7
8. Sometimes the person involved in the harassment is not
under control of the employer – thus, the employer has
extremely limited ability to assist the woman through the
ICC mechanism. But, that does not absolve the liability of
the organisations, in such cases, if the woman requests, the
employer is obligated under the law to provide adequate
assistance to her in approaching the police and filing an FIR.
8
9. Provision of a venue where ICC proceedings can be carried
out in a confidential manner.
Providing necessary logistical support in terms of furniture
and stationery, access to secure communication (internet,
phone connections, postal services) access to company
policies and manuals, any basic legal literature which is
possessed by the employer, etc.
The employer must assist the ICC in securing the attendance
of the person alleged to be the perpetrator and any
witnesses before the ICC or the Local Committee – for
example, he could arrange for transport in appropriate
cases.
9
10. An employer who fails to constitute an ICC as per the Sexual
Harassment Act will be liable for a monetary penalty of up to
INR 50,000 if a complaint is made to the magistrate.
Repeated non-compliance of this provision can result in the
punishment being doubled or even cancellation of the
license by the government or local authority to carry on
business.
10
11. FACTS & ISSUE RATIO DECIDENDI GIST /JUDGMENT
Whether Internal Complaints
Committee had jurisdiction to
investigate into the complaint
after filing of FIR ?
Appellant has been employed in
the respondent No. 1 School
Attendance of the appellant had
been tampered with
On complaint principal abused her
and also attempted to slap her
An FIR was registered
Inquiry by Internal Complaint
Committee was conducted without
the consent of the appellant and in
utter violation of the principles of
natural justice
Manager of the School issued a
show cause notice
State of Rajasthan Vs. B.K.
Meena (1996) 6 SCC 417 reiterating that
principles of natural justice do not require
that the employer should wait for the
decision of the Criminal Court before
taking disciplinary action against the
employee. (ii) Capt. M. Paul Anthony Vs.
Bharat Gold Mines Ltd. (1999) 3 SCC
679 That the proceeding in a criminal case
and the departmental proceeding can
proceed simultaneously.
The criminal prosecution is launched for
an offence for violation of a duty the
offender owes to the society, or for breach
of which law has provided that the offender
shall make satisfaction to the public. It was
held that the crime is an act of commission
in violation of law or of omission of public
duty.
Per contra, the departmental inquiry is
to maintain discipline in the service and
efficiency of public service.
Appellant sought to make vague
allegations about the inquiry now
underway being biased. Director of
Education has no any animosity
with the appellant. Even if the
report of the inquiry now underway
is against the appellant and the
said report is accepted by the
Disciplinary Authority of the
respondent No. 1 School, the
appellant, against that also will
have the remedy of appeal to the
Delhi School Tribunal constituted
under Section 11 of the Act supra
and which is presided over by an
equivalent of District Judge or
Judicial Officer. Allegations of bias
made are not only mis-founded but
without any merit--Appeal is
dismissed.
11
12. S.No. R.K. Pachauri Consequence
1. 13 Febraury 2015 – FIR filed by
Woman Research analyst of Teri
(Staffer at Green Peace India)
against R.K. PACHAURI former
chairman of the Intergovernmental
Panel on Climate Change and ex-
director of The Energy and
Resources Institute (TERI) alleging
Rape and sexual harassment,
criminal intimidation.
Recently again a third woman, who
is a foreign national when she was
19 years, sexually harassed by RK
Pachauri while she was working as
his secretary in 2008 into her job
with The Energy and Resources
Institute (TERI).
Resignations of two executives last week; and
an assistant professor of chemistry at St.
Stephen’s College who is currently fighting
criminal charges brought by a Delhi University
student.
Delhi court allowed him to enter all TERI
premises except the headquarters, where the
director general's office is located, and the
Gurgaon office, where the complainant is
posted.
The woman, who no longer lives in India, has
repeatedly informed the police through her
counsels that she is willing to give statements
as a witness in the present case against
Pachauri .
it is unclear how much her testimony would
help the present case against Pachauri. She
could certainly be a character witness for the
case if her testimony is taken up. "The case
comes up on trial on 23 April 2016.
12
13. S.No. Tarun Tejpal Consequence
2. 50-year-old founder of Tehelka
news magazine – Charged with
with rape in an FIR filed by the
Goa Police today on complaint of
a young journalist that Mr Tejpal
sexually assaulted her twice at an
event in Goa earlier also
November 2013 .
A letter of apology emailed by Mr.
Tejpal to the young journalist he
allegedly sexually assaulted, had
given them new evidence.
On 15 May 2015 The Supreme
Court on gave one more year time to
the Goa judge holding trial of
Tehelka`s founding editor Tarun
Tejpal for allegedly sexual assaulting
his junior woman colleague in a five
star hotel in Goa in November 2013.
13
14. S.No. A. K. Ganguly Consequence
3. Former Supreme Court
Justice A.K. Ganguly - In
November 2013 A Law intern
alleged that a recently
retired judge of the Supreme
Court A.K. Ganguly sexually
harassed her .
Former Chief Justice of India P
Sathasivam sets up a three-judge
fact finding committee.
Justice Ganguly deposes before the
three-judge panel; girl files
additional affidavits.
ASG Indira Jaising asks the Prime
Minister to remove Justice Ganguly.
Girl's affidavit, where she said Justice
Ganguly kisses her on her arm and
told her that he loved her, made
public. Demand for sacking him as
WBHRC chief grows louder.
January 2014 Resigns as West Bengal
Human Rights Chairman.
14
15. S.No. K.S. Dubey Consequence
4. KS DUBEY –
In August 2015 FIR against The
Child Welfare committee (CWC),
Bhopal, chairperson. Charges of
sexually harassing a woman,
besides harassing children
According to a letter received from collector,
there were complaints at regular interval which
came to be known through newspapers
regarding disclosing of identities of children,
harassment of children and affecting the
interest of shelter homes," stated the letter. The
other complaints include insensitive behaviour
with children and failing in preparing child care
plan.
Following the complaints, divisional
commissioner and district collector probed the
matter. In the probe letter it was found that
Dubey had misused his post and had not
performed his duties according to JJ Act. He
abused his official powers under the Juvenile
Justice (Care and Protection of Children) Act,
2000.
15
16. 16
Reported at office premises 57
Registered other places related to work 469
Reported in Jawahar Lal Nehru University 25
Reported in other institutes:
Banaras Hindu University, Varanasi
Sam Higginbottom Institute of Agriculture Technology
and Sciences, Allahabad
King George’s Medical University, Lucknow
University of Mumbai
Viswa Bharati, Santi Niketan, Birbhum
295
18. 18
Vishaka Guidelines in Supreme Court
1997
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
1. Preventive Steps - Duty of the
Employer or other responsible
persons in work places and other
institutions to prevent or deter the
commission of acts of sexual
harassment and to provide the
procedures for the resolution,
settlement or prosecution of acts of
sexual harassment.
As regards private employers steps
should be taken to include the
aforesaid prohibitions in the
standing orders under the Industrial
Employment (Standing Orders) Act,
1946.
An Act to provide protection against
sexual harassment of women at
workplace and for the prevention
and redressal of complaints of
sexual harassment and for matters
connected therewith or incidental
thereto.
19. 19
Vishaka Guidelines in Supreme Court
1997
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
2. Definition:
For this purpose, sexual harassment
includes such unwelcome sexually
determined behavior (whether
directly or by implication) as:
a) physical contact and advances;
b) a demand or request for sexual
favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical,
verbal or non-verbal conduct of
sexual nature.
Section 2 (n) Sexual Harassment
includes any one or more of the
following unwelcome acts or
behaviour (whether directly or by
implication) namely:--
i. physical contact and advances; or
ii. a demand or request for sexual
favours; or
iii. making sexually coloured
remarks; or
iv. showing pornography; or
v. any other unwelcome physical,
verbal or non-verbal conduct of
sexual nature:
20. 20
Vishaka Guidelines in Supreme Court
1997
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
Any of these acts is committed in
circumstances whereunder the victim
of such conduct has a reasonable
apprehension that in relation to the
victim's employment or work in
Government, public or private
enterprise such conduct can be
humiliating and may constitute a
health and safety problem.
Section 3(2) The following circumstances,
among other circumstances, if it occurs
or is present in relation to or connected
with any act or behaviour of sexual
harassment may amount to sexual
harassment: --
i. implied or explicit promise of
preferential treatment in her
employment; or
ii. implied or explicit threat of
detrimental treatment in her
employment: or
iii. implied or explicit threat about her
present or future employment status;
or
iv. interference with her work or creating
an intimidating or offensive or hostile
work environment for her; or
v. humiliating treatment likely to affect
her health or safety
21. 21
Vishaka Guidelines in Supreme Court
1997
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
Workplace
While the “workplace” in the Vishaka
Guidelines is confined to the
traditional office set-up where there
is a clear employer-employee
relationship
“workplace” in the Vishaka
Guidelines is confined to the
traditional office set-up where there
is a clear employer-employee
relationship while in Section 2 (o) & 2
(p) of Act "workplace" and
unorganized sector” goes much
further to include organisations,
department, office, branch unit etc.
in the public and private sector,
organized and unorganized,
hospitals, nursing homes,
educational institutions, sports
institutes, stadiums, sports complex
and any place visited by the
employee during the course of
employment including the
transportation.
22. 22
Vishaka Guidelines in Supreme Court
1997
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
3. Complaint Mechanism:
Should ensure time bound treatment
of complaints.
Section 9 (1) Any aggrieved woman
may make, in writing, a complaint of
sexual harassment at workplace to
the Internal Committee if so
constituted, or the Local Committee,
in case it is not so constituted,
within a period of three months from
the date of incident
Section 11 (4) Internal Committee or
the Local Committee is required to
complete the inquiry within a time
period of 90 days.
23. 23
Vishaka Guidelines in Supreme Court
1997
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
4. Complaints Committee:
The Complaints Committee should be
headed by a woman and not less than
half of its member should be women.
Further, to prevent the possibility of any
undue pressure or influence from senior
levels, such Complaints Committee
should involve a third party, either NGO
or other body who is familiar with the
issue of sexual harassment.
Section 4 (2) of Act The Internal
Committee shall consist of the following
members to be nominated by the
employer, namely:--
(a) a Presiding Officer who shall be a
woman employed at a senior level at
workplace from amongst the employees:
(b) not less than two Members from
amongst employees preferably
committed to the cause of women or who
have had experience in social work or
have legal knowledge:
(c) one member from amongst non-
governmental organisations or
associations committed to the cause of
women or a person familiar with the
issues relating to sexual harassment:
Provided that at least one-half of the
total Members so nominated shall be
women.