Prohibition of Sexual Harassment At the Workplace - Muds

This Presentation Is About: What is Sexual Harassment At Workplace. What are the types of harassment? Understanding Law against Sexual Harassment at workplace (POSH Law). And also what are its provisions and implications. Visit our website to read more: https://muds.co.in/posh-act-all-about-the-sexual-harassmnet-law-in-inida/

Transcript

1. PROHIBITION OF SEXUAL HARASSMENT AT THE WORKPLACE BEING IN SYNC WI TH THE NEW LAW
2. Introduction (5 min) What is Sexual Harassment or what not? (10 min) What are the types of it? (15 min) Applicable laws and provisions thereof (15 min) What is ICC and its constitution? (10 min) Policy (10 min) Questions Round (5 min) AGENDA
3. By the end of the training, you will be able to: 1 2 3 4 Identify what qualifies as a workplace Sexual Harassment incident. Describe the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013, its applicable provisions, and their implications (POSH). Describe the seriousness of Sexual Harassment occurring at workplace. Describe the steps to be taken in the event of the occurrence of a Sexual Harassment case.
4. Physical contact and advances. A demand or request for sexual favors. Sexually coloured remarks. Showing pornography. Any other unwelcome physical verbal or non-verbal conduct of sexual nature. What is Sexual Harassment? Sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:
5. Time to play Video 1
6. Two Types of Harassments: 1. Quid pro quo 2. Hostile Environment
7. Quid Pro Quo Job Promotion Raise Assignments “This for that” A person in power (manager or supervisor) makes employment decisions based on if the employee grants or denies sexual favours.
8. Examples of Quid Pro Quo Demanding Dates Changing performance expectations after a subordinate refuses dates Disciplining or firing a subordinate who ends a romantic relationship 1 2 3
9. Time to play Video 2
10. Hostile Work Environment
11. Examples of Hostile Work Environment
12. Time to play Video 3
13. Game Time Samuel is Melanie’s Manager. They are working together on a project and Samuel has asked Melanie to dinner to discuss their work. After dinner, he says “Perhaps if we cooperate well on this project, I can make things easier for you at your next evaluation.” His tone of voice insinuates what he means by “corporate”. Situation 1 Julia heads the mailroom at a large insurance company. She is in charge of many new hires who are anxious to move ahead in the company. She is overheard by an employee saying to another, “Andre, why don’t we meet for drinks tonight to celebrate your new promotion. Andre is overheard responding, “Dating the boss does have its advantages”. Situation 2
14. Game Time During a meeting with Carmelita, her boss says, “why don’t you wear shorter skirts like those women lawyers on TV. You’re an attractive gal. I think if you show your legs off a little, the customers would be happier and I’d be happier. A little dedication on your part could go a long way here. Situation 3 Jamal works in a graphic arts department. He is the only man among many women. Every day the women in the office await the arrival of a very attractive delivery man. After he leaves, the women spend several minutes making suggestive remarks and jokes about the man’s attractiveness. Jamal just rolls his eyes, but this clearly makes him uncomfortable. Situation 4
15. Indian Law on Sexual Harassment
16. Indian Law on Sexual Harassment
17. 1) Sexual harassment is a human rights violation Articles 14 and 15: Right to equality Article 21: Right to life - to live with dignity Article 19(1)(g) - Right to practice any profession/trade/occupation/business, i.e., a right to a safe environment free from .........harassment 3) There is a need for guidelines to fill the legislative vacuum The Vishakha Judgement- 1997 2) Sexual harassment is a violation of the constitutionally guaranteed fundamental rights: Supreme Court acknowledged that:
18. Prevent and prohibit acts of sexual harassment Article 21: Right to life Redress and resolve grievances pertaining to sexual harassment. Employer’s duty to: - to live with dignity. The Guidelines = Law, until such time a legislative framework on the subject is enacted The Vishakha Judgement-Guidelines
19. (Prevention, Prohibition and Redressal) Act, 2013 The Sexual Harassment of Women at workplace What about me?? Object: Prevention + Protection + Redressal
20. Who is an Employee? Regular, temporary, ad hoc employees Probationer/ apprentice With or without remuneration/voluntary Express/implied terms of employment Directly/through an agent/contractor
21. Who is an Employer? EMPLOYER Supervision Management Control Person discharging contractual obligations with respect to employees Person/board/ committee responsible for formulation of policies
22. The Workplace WORK PLACE Government-owned/ controlled establishments Hospitals/ Nursing Homes Vocational/ Educational Institutions Sports institutes, stadiums, training institutions Dwelling place in case of a domestic worker Private sector organizations
23. Implied/explicit promise of preferential treatment in employment. Implied/explicit threat of detrimental treatment in employment. Implied/explicit threat about the present or future employment status. Interference with work or creating an intimidating/hostile environment. Humiliating treatment, likely to affect health or safety. Circumstances Considered as Sexual Harassment
24. False/Malicious Complaints 1) Written Apology 2) Warning 3) Withholding of Promotion 4) Terminating the employment from service If the Complaints Committee arrives at a conclusion that the allegation against the respondent is malicious it may recommend to the employer to take the following steps:
25. Some examples of workplace behaviors that may not constitute sexual harassment: Work-related stress e.g. meeting deadlines or quality standards. Conditions of works. Constructive feedback about the work mistake and not the person Following-up on work absences. The normal exercise of management rights. Requiring performance to job standards.
26. ICC to prepare and submit an annual report to the employer and the District Officer ICC to be appointed by an order in writing Internal Complaints Committee At least ½ of the membership of the ICC to be women Mandatory for establishments employing 10 or more employees
27. Internal Complaints Committee Presiding Officer – Senior woman an employee from the workplace/ other admin units/ office/ organizations. 2 Members – Committed to the cause of women/experience in social work/legal knowledge. 1 member from an NGO/other women’s organization/familiar with issues relating to sexual harassment. ICC
28. Time to play Video 4
29. Local Complaints Committee Organizations having Organizations that have To be set up in every district LCC is the grievance redressal body with respect to: less than 10employees. not set up an ICC.
30. Employers’ Obligations The penal consequences of indulging Composition of the ICC The grievance redressal mechanism 1) Provide a safe working environment. 2) Organize workshops and awareness programs for sensitizing employees. 3) Organizing orientation programs for members of the ICC. 4) Display at the workplace, details of: in acts of sexual harassment available to aggrieved employees
31. Employers’ Obligations 5) Cooperate and assist during the course of the inquiry. 6) Treat sexual harassment as a misconduct under the service rules. 7) Provide assistance to the aggrieved employee, should she choose to file a police complaint. 8) Initiate action under the IPC or such other applicable law. 9) Ensure timely submission of reports to the District Officer
32. Fine of INR 50,000 (approx. US$1,000). Cancellation of business licenses. 1) Failure to constitute an ICC. 2) All offences under the statute are non-cognizable. 3) Contravention of any provision under the statute : Penalties
33. Grievance Redressal Process Incident of Sexual Harassment Complaint made to ICC/LCC Reasons for the delay to be recorded in writing beyond 3 months INQUIRY Not monetary ICC to record settlement and forward to LCC No further inquiry Settlement and parties 3 months Beyond 3 months Employee requests for a settlement Employee requests for a settlement Em ployee does not request for settlem ent No settlement
34. Grievance Redressal Process 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 Appeal to court/ tribunal Punishment as per service rules; Monetary penalty payable to the aggrieved woman •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 amount to malice. Allegation not proved Allegation proved [within 90 days]
35. We seek to create a work environment that is free from sexual harassment of any kind, whether verbal, physical, or visual is proud of its tradition of an open, honest, diverse, and collegial work environment in which all individuals are treated with respect and dignity. Each employee has the right to work in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual harassment. Sexual harassment, whether verbal, physical, or environmental is unacceptable and will not be tolerated. OPM Philosophy
36. OPM Philosophy NO MEANS NO! NO MEANS NO! STOP SEXUAL STOP SEXUAL HARASSMENT! HARASSMENT!
37. info@muds.co.in www.muds.co.in +91-95996-53306