Concepts such as “Happy Workplace”, “work-life balance”, “gender neutral workplaces”; are often touted amongst companies globally.
Hence, compliance under the law has to be adhered by each office of any organisation operating in India.1) An organisation must aim to create a workplace an equitable and safe workplace.2) It shall ensure that the company has a written anti-sexual harassment policy.
In addition to this, ensure that the names and contact details of the Internal Complaints Committee members and the penal provisions under the law are clearly displayed on notice boards in every office or unit;3) There must be a Gender-Neutral policy, over and above the law, although the law mandates only for the protection of Women.
The policy must be in the languageunderstandable by the majority of the employees.4) Regular sensitisation programs for their employees must be provided periodically by the employer and employees should be properly educated on the Sexual Harassment legislation and policy.5) The organisation must educate its employees about on definition of basic terms such as an employee, workplace and sexual harassment as laid down in The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.6) They must educate employees on the importance of maintaining professional boundaries and to be more observant of the comfort level of others.
It is about maintaining a respectful, dignified and inclusive working environment for all employees.7) Constitute an Internal Complaints Committee with a minimum of four members with following composition:i) Presiding Officer: Woman employed at a senior level at the workplace from amongst the employees.ii) 2 or more members from amongst employees who are preferably committed to the cause of women or who have had experience in social work or have legal knowledge.iii) External member: From an NGO or association committed to the cause of women or person familiar with issues relating to sexual harassment.8) Since ICC has both Social and Legal responsibilities, such that its constitution must be well equipped to handle that immense responsibility.9) The Management, Employer and the ICC must support both the parties to the issue – Complainant and Respondent, and The Local Complaints Committee must provide with their support to all the three parties – Complainant, Respondent and The Company.
If such bias has been proved by any party, then the Act mandates for a dissolution of ICC and new ICC is to be framed by the Organisation.11) It is mandatory for the ICC to take up the case within 7 days from the date of complaint and also forward a copy to the respondent.