Q. What is Sexual Harassment at Workplace?
Sexual Harassment is any unwelcome act or behaviour (whether express or implied), such as:-
Q. What are the types of workplaces included as per the Act?
It includes all workplaces whether owned by Indian or foreign company having a place of work in India. As per the Act, workplace includes:
The Act defines the Unorganised Sector as:
Q. How many kinds of sexual harassment at workplace are there?
Sexual harassment of workplace is of two kinds:
Quid pro quo is a Latin term which literally means ‘this for that’.Quid pro quo sexual harassment means subjecting a woman to unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature on account of the following:1. To force the woman to agree with such conduct by promising/threatening her (explicitly or implicitly) preferential/detrimental treatment in her job. For example: if you agree to accompany me on a study tour, I will give you promotion or in case you refuse, I will transfer you other place.2. Submission to or rejection of such conduct by the woman is used as the basis for deciding the future course of her job. For example: if you refuse to obey my demand, I will not renew your contract.
Q. What is unwelcome sexual conduct?
A sexual behaviour only becomes sexual harassment at workplace only if it is unwelcome to the woman who is in receipt of such behaviour.
Any woman who is above the age of 18 years. Those who are under 18 years of age can lodge an FIR under the Protection of Children from Sexual Offences Act, 2012.
Q. Does the act constituting sexual harassment have to occur at work?
No. The act does not necessarily have to occur at workplace only. It could occur in any of the following places:
Q. If I am a victim of sexual harassment, what should I do?
If you feel comfortable in approaching the harasser yourself, you could directly tell the perpetrator that you find his behaviour unwelcome or inappropriate and ask him not to repeat)
You can approach the Internal Complaints Committee established within your organization under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (the SH Act), 2013 with a written complaint
In case, your organisation does not have ICC or if you want to make a complaint against the employer himself or if you work in the capacity of domestic help, then you can lodge your complaint with Local Complaints Committee established in your respective district under the SH Act
You can contact the nearest police station to lodge an FIR against the perpetrator
Q. What is Internal Complaints Committee (ICC)?
Every organization has to constitute an Internal Complaints Committee (ICC) having following members
Q. What is Local Complaints Committee (LCC)?
The State Government will notify the District Magistrate/Additional District Magistrate/ Collector/ Deputy Collector as District Officer in every district, who will constitute a Local Complaints Committee (LCC) so as to enable women in the unorganised sector or small establishments to work in an environment free of sexual harassment. The LCC will have following members
Q. What should Employers/District Officers do to comply with prohibition, prevention and redressal of workplace sexual harassment?
Employers/ District Officers have a legal responsibility to:
Q. How to locate ICC within your organization?
As per the Act, the employer is obligated to display the order constituting ICC at any conspicuous place in the workplace. However, if this is not done, then one can contact the employer/head of the department/human resource department to obtain information about the ICC constituted under the SH Act
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