IndiaFilings / Learn / Legal / Sexual Harassment Workplace
Sexual Harassment at Workplace - Rules & Regulations - IndiaFilings

Sexual Harassment at Workplace - Rules & Regulations

The #MeToo movement has gathered momentum across the world with many celebrities coming out about sexual misconduct by men in the workplace. With women constituting about half of the global population, it's important to ensure they have safeguards for protecting their rights and status at workplaces. In this direction, the Government of India has implemented the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. In this article, we look at the rules and regulations that prevent sexual harassment at the workplace in detail. https://twitter.com/Alyssa_Milano/status/919659438700670976

What is Sexual Harassment in the Workplace?

According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, any of the following circumstances, if it occurs or is present with or connected with any act or behaviour of sexual harassment may amount to sexual harassment:
  1. Implied or explicit promise of preferential treatment in her employment.
  2. The implied or explicit threat of detrimental treatment in her employment.
  3. Interferes with her work or creating an intimidating or offensive or hostile work environment for her.
  4. Humiliating treatment is likely to affect her health or safety.
Sexual harassment includes unwelcome sexually determined behaviour such as:
  • Physical contact.
  • Demand or request for sexual favours.
  • Sexually coloured remarks.
  • Showing pornography.
  • Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Duties and Responsibilities of Employers

Under the Sexual Harassment of Women at Workplace Act, 2013, all employers have the following duties and responsibilities:
  1. Provide a safe working environment at the workplace including safety from the persons coming into contact at the workplace;
  2. Display at any conspicuous place in the workplace, the penal consequences of sexual harassments. Under sub-section (1) of section 4 of the Act, every employer of a workplace should by an order in writing, constitute an "Internal Complaints Committee": Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices;
  3. Organize workshops and awareness programmes at regular intervals for sensitizing the employees with the provisions of the Act;
  4. Organize orientation programmes for the members of the Internal Committee in the prescribed manner;
  5. Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an enquiry;
  6. Assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
  7. Make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9;
  8. Assist the woman if she so chooses to file a complaint about the offence under the Indian Penal Code or any other law for the time being in force;
  9. Cause to initiate action, under the Indian Penal Code, 1860 or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
  10. Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
  11. Monitor the timely submission of reports by the Internal Committee.

Formation of Internal Complaint Committee

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, all employers are required to constitute an Internal Complaint Committee at a workplace by an order in writing. In case the employer has multiple branches or factories or offices, an Internal Committee must be constituted at all administrative units or offices. The Internal Committee must consist of the following members, nominated by the employer:
  • A Presiding Officer who shall be a woman employed at a senior level at the workplace from amongst the employees.
  • 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.
  • One member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.
The Internal Complaint Committee must have at least one-half of the total Members as women at all times. The Presiding Officer and every Member of the Internal Committee can hold office for a period not exceeding three years, from the date of their nomination.

Powers of Internal Complaint Committee

An Internal Complaint Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 will have the same powers as vested in a Civil Court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters:
  1. Summoning and enforcing the attendance of any person and examining him on oath.
  2. Requiring the discovery and production of documents.
  3. Any other matter which may be prescribed.
The Internal Complaint Committee could recommend to the employer the following actions:
  1. Grant such other relief to the aggrieved woman as may be prescribed.
  2. Transfer the aggrieved woman or the respondent to any other workplace.
  3. Grant leave to the aggrieved woman up to three months.

Procedure for Filing Compliant

The aggrieved woman must make a complaint on sexual harassment at the workplace within three months from the date of occurrence of an incident. In case of a series of an incident, within three months from the date of the last incident. The complaint must be made in writing and submitted to the Internal Complaint Committee and be sent either by post or given in person. The Internal Complaint Committee also has the powers to extend the time-limit for reporting by not more than three months, if it is satisfied that the circumstances were such which prevented the employee from filing a complaint within the three months. If an aggrieved woman is unable to make a written complaint by herself on account of her physical incapacity, a complaint can be filed by:
  • Her relative or friend.
  • Her co-worker.
  • An officer of the National Commission for Women or State Women's Commission.
  • Any person who knows about the incident, with the written consent of the aggrieved woman.
If an aggrieved woman is unable to make a written complaint by herself on account of her mental incapacity, a complaint can be filed by:
  • Her relative or friend.
  • A special educator.
  • A qualified psychiatrist or psychologist.
  • The guardian or authority under whose care she is receiving treatment or care.
  • Any person who knows about the incident jointly with her relative or friend or special education or qualified psychiatrist or psychologist or guardian or authority under whose care she is receiving treatment or care.
Finally, if an aggrieved woman is unable to make a written complaint by herself on account of her mental incapacity or physical incapacity or death, a complaint can be filed by her legal heir.
IndiaFilings
Updated on: February 27th, 2020

Popular Post

Download ePAN Card – Get ePan from NSDL & UTIITSL
80 Small Business Ideas

Starting a small business can be a transformative venture, offering the exciting opportunity...

Nadakacheri – Income Caste Certificate Download Online in Karnataka
TDS Rate Chart for Financial Year 2025-2026 (Assessment Year 2026-2027)

Tax deduction at source, shortly and popularly known as TDS, was introduced by the Income Tax...

Divorce Rules in India: Everything You Need to Know
How To Download GST Registration Certificate Online?

Goods & Services Tax Certificate is issued to people who are registered under GST...

PAN Card Cancellation Online
Find Complete Details of GST Registration Procedure

GST registration applies to all individuals and entities supplying goods or services in India. GST...

Check Your PF Claim Status Online Using PF Tracking ID
Gift Tax in India: Applicability, Exemptions and Rules

Gift tax in India is applied when the value of the received gift exceeds ₹50,000 in the...

Check Your PF Claim Status Online Using PF Tracking ID
Old Regime vs New Regime 2025: Which Tax Regime is Better for You?

The Union Budget 2025 has brought significant changes to India’s personal income tax structure, raising the...

Check Your PF Claim Status Online Using PF Tracking ID
What is the minimum turnover for GST?

The Goods and Services Tax (GST) is an indirect tax system introduced in India in 2017. It functions...

Check Your PF Claim Status Online Using PF Tracking ID
How can I check if a trademark is registered?

A trademark search is simply checking if another person or organization does not already own the...

Check Your PF Claim Status Online Using PF Tracking ID
Section 194H of the Income Tax Act: TDS on Commission & Brokerage

Section 194H of the Income Tax Act in India mandates the deduction of Tax at Source (TDS) on commission or brokerage...

Check Your PF Claim Status Online Using PF Tracking ID
Section 80G Deduction - Income Tax Act

Section 80G Deduction is a facility available in the Income Tax Act which allows taxpayers to...

Check Your PF Claim Status Online Using PF Tracking ID
Crypto Tax in India: Taxation On Cryptocurrency

The Income Tax Department (ITD) has not provided specific guidance on crypto taxes for Indian investors. However...

Check Your PF Claim Status Online Using PF Tracking ID
Internal Audit Applicability Under Companies Act, 2013

Internal audit applicability is a critical concept for companies in India, impacting various...

Check Your PF Claim Status Online Using PF Tracking ID
Difference between Private and Public Company

In the business world, two main types of companies exist: private company and public company...

Check Your PF Claim Status Online Using PF Tracking ID
New GST Rules for Rent

Ministry of Finance vide a Notification No 05/2022- Central Tax (Rate) dated 13.7.2022 has issued...

Check Your PF Claim Status Online Using PF Tracking ID
GSTR-1 and GSTR-3B Due Date Extension - New Due Dates For January 2025

The Central Board of Indirect Taxes and Customs (CBIC) has recently announced an extension...

Check Your PF Claim Status Online Using PF Tracking ID
Different Depreciation Rates under Companies & Income Tax Act

Depreciation is a key concept in finance and accounting. It helps us manage how the value of...

Check Your PF Claim Status Online Using PF Tracking ID
Form 10IA - Section 80DD Deduction

Form 10IA of the Income Tax Department must be filed by taxpayers claiming income tax deduction...

Check Your PF Claim Status Online Using PF Tracking ID
GST on Used Cars: New 18% Tax Rate Explained

The Goods and Services Tax (GST) system in India has been a significant reform in the country's...

Check Your PF Claim Status Online Using PF Tracking ID
MSME Registration - Udyam Registration

India's Gross Domestic Product (GDP) benefits significantly from the substantial...

Check Your PF Claim Status Online Using PF Tracking ID
Section 43B(h) - New MSME 45 Days Payment Rule

The Finance Act, 2023 introduced the MSME 45-day payment rule under Section 43B(h) of the Income Tax Act...

Check Your PF Claim Status Online Using PF Tracking ID
Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024

The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024, was announced by Union Finance Minister...