This presentation uses visuals to explain the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013. It can be used by employers, ICC members or organizations working to impact awareness on the Act. Write to contactus@mythrispeaks.org for more information.

1. Sexual Harassment of Women at Workplace
(Prevention, Prohibition, Redressal) Act
2013
contactus@mythrispeaks.org
www.mythrispeaks.org

2. Sexual Harassment as per the Act
Unwelcome physical contact & advances Demand or request for sexual favours
Showing Pornography Making sexually coloured remarks

3. Other instances of Sexual Harassment as per the Act
Implied or explicit preferential treatment or threat about the job
Interference with work & creating hostile work environment Humiliating treatment

4. Types of workplaces covered
Covers every workplace including transportation provided by employer during the course of work

5. Women covered under the Act
Includes women from the organized and unorganized sector

6. Prevention: Responsibility of Employer
● Organize workshops & awareness programs
● Provide safe environment not only to employees but also to anyone who comes in contact with
the employee, such as clients, customers, vendors, etc.

7. Prohibition: Responsibility of Employer
● Create a policy prohibiting Sexual Harassment and treat Sexual Harassment as a misconduct under service rules
● Display the S.H. Policy and penal consequences for violation in any conspicuous place
● Form an Internal Complaints Committee with needed powers to act on complaints

8. Redressal: Responsibility of Employer
● Constitute Internal Complaints Committee (ICC) if there are
more than 10 employees
● Provide necessary facilities to the ICC in case of complaint
● Assist in securing attendance of respondent & witness
● Provide info to assist ICC in investigation, if needed
● Initiate action against the perpetrator following the ICC
report
● Assist complainant to file FIR in police station if it is a
criminal case
● Assist complainant to initiate action against respondent if
he is employed elsewhere
● Monitor timely reports by the ICC
Failure to comply can attract fine of upto Rs. 50,000.
Subsequent noncompliance can lead to doubled fine or
cancellation of registration/license to operate Internal Complaints Committee

9. Internal Complaints Committee (ICC)
● Every employer should constitute an ICC by an order in
writing if there are more than 10 employees
● If there are multiple administrative unit, the ICC should be
constituted in each unit
● Members of the ICC should comprise
– Senior woman employee to be Presiding Officer (if no
such woman present, then select from other branches
or units or other organizations)
– Half of the members must be female
– One external member from an NGO or associations
committed to the cause of women
– Not less than two members from amongst employees
committed to the cause of women and having some
experience in social work or legal knowledge
● Maximum tenure of three years for all members
A similar committee will be formed at the district called the Local Complaints Committee (LCC), which will handle complaints
against employer & from unorganized sector

10. What Policy on S.H. could include
The Policy should be circulated among all employees and other third party individuals that the employees come in
contact with.
• Commitment to eradicate Sexual
Harassment at Workplace
• Definition of Sexual Harassment
• Process to file a complaint
• Contact details of the ICC
• Non-disclosure of identity
• Penalty for violations
• Code of conduct (optional)

11. Process to be followed for complaints
● Complaint to be made in writing by any
aggrieved women within 3 months of incident.
In exceptional cases, time can extend to another
3 months
● If the aggrieved woman is unable to make a
complaint due to physical or mental condition,
or death, her legal heir or other representative
can
● Mention details such as dates, names of witness
● Add supporting documents such as emails
● Request for specific action can be mentioned.
The employer need not have to accept her
suggestion, but her input would be helpful
• The complainant can be sued for lying or false accusation and will be penalized
• You will not be penalized if the case cannot be proved due to insufficient evidence
• If the aggrieved had welcomed the advances of the accused, it does not amount to Sexual Harassment

12. Procedures for attending to complaints
● Undertake conciliation if the complainant requests for it –
monetary compensation not to be a part of it
● Send a copy of complaint to all members of ICC and to
respondent within 7 days of receiving complaint. He has to
respond within next 10 days.
● Undertaking enquiry & investigation in case where there is
no conciliation attempted
● ICC has the powers of a civil court, i.e.
– Summoning & enforcing attendance of any person and
examining them on oath
– Requiring the discovery & production of documents
● Both parties should be given copies of the complaint and
findings so that they can represent themselves
● Ex-Parte decision can be taken if either party does not turn
up, after sufficient notice has been given
● If it is a criminal case, help the aggrieved file an FIR at the
Police Station
Conciliation
Investigation

13. Interim relief for complainant
If there is a written request from the
aggrieved women, then
– Transfer the aggrieved or respondent
to any other workplace
– Grant leave to the aggrieved upto a
period of 3 months
– Grant other relief as may be
prescribed
Note that the leave granted to the aggrieved will be in addition to the leave she is entitled to otherwise

14. Reports & timelines
• In case of conciliation, send report to employer
following conciliation
• Else, initiate enquiry and complete investigations within
90 days of receiving the complaint
• Share findings & report within 10 days of completing
enquiry, with Employer and concerned parties
• Employer to act on recommendations and submit report
on implementing recommendations within next 60 days
• If allegation is not proved, ICC should write a report
saying the same
• Yearly report of cases handled and justice rendered
should be documented

15. Recommendation for Penalty
Recommendations - restraining the respondent from supervision of complainant’s work. Other types of punishment
can be a written apology, a warning, a reprimand or censure, withholding of promotion/pay rise/increments,
termination from service, subjecting to counselling or forcing to do community service.
In case of a criminal offense

16. Let’s go from THIS

17. to THIS…