The Ministry of Women and Child Development has notified
December 9, 2013 as the effective date of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”).
The ministry has also notified the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 which
provide clarity in respect some of the procedural aspects of the new
law.
December 9, 2013 as the effective date of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”).
The ministry has also notified the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 which
provide clarity in respect some of the procedural aspects of the new
law.
The Sexual Harassment Act has been enacted with the objective of
providing female employees protection against sexual harassment at the
workplace and for the prevention and redressal of complaints of sexual
harassment. As a result of the notification, employers in India now have several obligations including (i) the need to
implement a policy prohibiting sexual harassment against female
employees at the workplace (which policy should be consistent with the
requirements under law), and (ii) constituting an Internal Complaints
Committee (“ICC”) to investigate any allegations of sexual
harassment at the workplace. In addition, there are various other
responsibilities cast upon the employer including organizing workshops
and awareness programs, providing necessary facilities to the ICC,
assisting the female employee to make a police compliant and including
sexual harassment as a ‘misconduct’ in its HR policies.
providing female employees protection against sexual harassment at the
workplace and for the prevention and redressal of complaints of sexual
harassment. As a result of the notification, employers in India now have several obligations including (i) the need to
implement a policy prohibiting sexual harassment against female
employees at the workplace (which policy should be consistent with the
requirements under law), and (ii) constituting an Internal Complaints
Committee (“ICC”) to investigate any allegations of sexual
harassment at the workplace. In addition, there are various other
responsibilities cast upon the employer including organizing workshops
and awareness programs, providing necessary facilities to the ICC,
assisting the female employee to make a police compliant and including
sexual harassment as a ‘misconduct’ in its HR policies.