Prevention of Sexual Harassment at Workplace Prevention of Sexual Harassment Bill No.144 of 2010 23 rd April 2013 27 th July 2013 Purushothaman S AGM –

Prevention of Sexual Harassment at Workplace

Prevention of Sexual Harassment Bill No.144 of 201023rd April 2013

27th July 2013

Purushothaman SAGM – HR

Allsec Technologies Ltd


Genesis

• The term Sexual Harassment was used in 1973 in “Saturn’s Rings”, a report authored by Mary Rowe to the President of Chancellor of MIT about various forms of gender issues.

• US, the Civil Rights Act of 1991 added provisions

• Vishaka vs State of Rajasthan in 1997

• Israeli Sexual Harassment law – 1998

• In May 2002, the European union Council & Parliament amended a 1976 Council directive on the equal treatment.

• In 2005, China added new provision to the law on Women’s Right protection to include sexual harassment.


WHAT IS SEXUAL HARASSMENT

Is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors

Includes:

Unwelcome sexual advances and verbal, non-verbal, or physical

conduct such as loaded comments, remarks or jokes, letters, phone

calls or e- mail, gestures, showing of pornography, lurid stares, physical

contact or molestation, stalking, sounds or display of a derogatory

nature have the purpose or effect of interfering with an individual’s

performance or of creating an intimidating, hostile or offensive company

environment


APPLICATION OF THE POLICY

The provisions of this Policy will apply to all the person engaged directly or indirectly of the organization.

Scope Of The Policy

Applicable to all the levels of the organization

By an employee against another employee

Irrespective of whether sexual harassment is alleged to have taken place within or outside the company premises.


HOW TO FRAME THE POLICY• No of Employees in the Organization

• Culture of the organization

• Creating awareness for the Employees

• Gender Equality Policy – covering all the employees

• Third Party (Vendors/Contract) employees

• Policy would cover inside and outside of the premises

• Forming of Internal Complaints Committee

• Unbiased way of handling complaints


HOW TO FRAME THE COMMITTEE

Member 1 - Chairman /Presiding Office (W)

Member 2 - HR Department Representative

Member 3 – Legal / Company Secretary / Operations Representative

Member 4 - A member from NGO to be nominated (W)


IN CASE OF MULTI LOCATION

Member 1 - Chairman /Presiding Office (Common)

Member 2 - HR Representative

Member 3 – Operations Representative

Member 4 - A member from NGO to be nominated (Common)


Act Covers only Women EmployeesAs Per the Act - Employee : a person employed at a workplace for any work on regular, temporary ad hoc or daily wage basis, either directly or through an agent, including a contractor with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise whether the terms of employment are express or implied and includes a co-worker, contract worker, probationer, trainee, apprentice or called by any other such name.

Company Policy – Employee are those who are on the employment rolls of the organization and employed through third party.


What needs to be done…..

• Speaking out

• Speak up at right time

• Keep Records

• Set your own boundaries

• Be aware of situations

• Talk to union/ committee members

• Inform to responsible person on the incident

• Create a evidence to the behaviour


How to Prevent Sexual Harassment

Creating Policy &

Awareness

Do’s & Don’t

Sharing Decisions

Promoting Good

Behavior

Clear Dress Code Policy

Code of Conduct


What can you do as a Colleague • Do not disbelieve a woman when she shares about harassment

• Remember that it is difficult to speak

• Support a aggrieved colleague

• Approach the Internal Committee

It is Important that you:

• Be professional at all times

• Set a positive example

• Consider your attitude

• Avoid making assumptions

• Think before making personal comments.

• Direct them to the appropriate persons/ authorities


What can you do as a Employer

• Policy to be framed

• Internal Complaints committee and local complaints committee

• Process for complaint and Inquiry

• Define the Do’s & Don’t

• Display the Internal Committee & penal consequences of indulging in acts

• Organize workshops and awareness program or training

• Treat sexual harassment as a misconduct under the service rules.


COMPLAINTS PROCESS

?


COMPLAINTS PROCESS• Any woman employee will have a right to lodge a complaint concerning

sexual harassment against a male employee or an outsider with any of the members of the Complaints Committee.

• Such a complaint may be oral or in writing. • If the Complaint is oral, the committee member to whom the complaint is

made shall reduce the same in writing in detail. • The Complainant will be afforded full confidentiality at this stage. • Immediately upon receipt of the Complaint, and within not more than 2

working days, the member of the Committee to whom the Complaint is made shall communicate the same to the Chairperson of the Complaints Committee

• However, if the Complainant so desires, her name shall be kept confidential and will not be divulged even to the Complaints Committee.

• Within a period of 5 working days from the date of such communication, the Chairperson shall convene a meeting of the Complaints Committee.


COMPLAINTS PROCESS

• At this meeting, the Complaints Committee shall nominate three persons from amongst themselves (known as the Enquiry Committee) for proceeding with the Complaint.

• At least two of these persons so nominated will be women. • No person against whom a Complaint is made shall be part of the Enquiry

Committee


How to Handle in case of PunishmentAn employee guilty of sexual harassment

Minor Penalties Major Penalties

ReprimandWithholding of increment for more

than 1 year

Warning Reduction in Rank

Censure Termination of Services

Withholding of an increment not exceeding 1 year

Suspension from the Organization for a period up to 1 month


CASE STUDY # John and Reena – Supervisor and Subordinate Relationship

John is a new supervisor of Client Service, a work unit of eleven people. It’s his first supervisory position. Reena, one of the Service Representatives in his unit, finds a note from John on her desk. It says, “I would like to have more than a professional relationship with you. Can we go out sometime soon and get to know each other better?” Reena has no interest and says nothing to John about the note. John subsequently ceases all communication with Reena. He directs verbal communication through coworkers and begins to make assignments and critique her work through written memos. He calls staff meetings when she is out of office, so that she does not learn of policy and procedural changes. This results in error, for which she receives written reprimands. She develops migraine headaches and is given 30days of probation because of attendance and performance problems. She files a complaints of sexual harassment and retaliation with the HR.


CASE STUDY• Is this ‘quid pro quo” sexual harassment?

• If you were the manager given responsibility for dealing with Reena’s Complaint, what would you do first? Next? And then?

• How would you conduct an investigation? How would you respond to the HR/ Committee

• What, if any, would be appropriate remedy for Reena? What, if any, would be appropriate action to take against John?

• If you were Reena, what would you have done differently?

• What might this organization do to prevent a recurrence of the problem?


Answer would be?


Sexual Harassment is a serious offence that

destroys human dignity and

acts as an obstacle in achieving gender

equality at work. It is an act amounting to

misconduct in employment.


Thank You

Purushothaman SAGM – HR

[email protected]

Documents

Prevention of Sexual Harassment at Workplace Prevention of Sexual Harassment Bill No.144 of 2010 23 rd April 2013 27 th July 2013 Purushothaman S AGM –