Anti-sexual harassment law: Sample sensitisation presentation

Anti-sexual harassment law: Sample sensitisation presentation

• 1.
  AWARE OF THEIRRIGHTS AGAINST SEXUAL HARASSMENT AT WORKPLACE [ Name of organization and logo ]
• 2.
  Anti-Sexual Harassment Policyof our organization  With the passing of the Anti-Sexual Harassment at the Workplace Act and Rules on December 9 2013, every company (and ours is no exception) has an Anti-Sexual Harassment policy wherein the rights of employees against sexual harassment inter alia are elaborately discussed. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 3.
  What constitutes sexual harassment? Unwelcomephysical contact and advances. Showing pornography, making sexually colored remarks. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 4.
  Examples: VERBAL • Whistling at someone, cat calls •Telling sexual jokes or stories • Making sexual comments or innuendos • Asking personal questions about sexual life NON-VERBAL • Blocking a person's path • Giving personal gifts • Displaying sexually suggestive visuals • Making sexual gestures with hands or through body movement s PHYSICAL • Touching the person's clothing, hair, or body • Giving a massage around the neck or shoulders. • Standing close or brushing up against another person Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 5.
  Any kind ofimplied or explicit promise of preferential treatment; Threat of; a) detrimental treatment in your employment b) present or future employment status; Interference with your work or creating an intimidating or offensive or hostile work environment; or Humiliating treatment likely to affect your health or safety. Also, any of the following situations, if they occur or are connected with any act of Sexual Harassment may amount to sexual harassment: Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 6.
  Which acts arenot protected under the Act?  Only conduct of sexual nature is covered under our policy. No protection under the Act is given in situations of threats of violence, offensive language or slang which is not of sexual nature. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 7.
  Who qualifies asan employee ? Full time/Part time employee s Ad hoc / Daily basis Temporary employees Trainees/ Interns/ Apprentices Probationers Employed not for remuneratio n Or voluntarily working Full time employee Daily wage worker Household workers Trainees and interns Household workers Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 8.
  What constitutes as‘Workplace’ 1. Premises of all government and private entities which operate on a commercial basis. 2. Work in education, entertainment, vocational services, sports facilities. 3. Hospitals and nursing homes. 4. Places where voluntary work is done 5. With respect to household workers, even a house is considered to be workplace 6. Also, any place visited by the employee during employment including transportation provided by the employer constitutes as workplace 1 . 2. 5. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 9.
  Broad Outline ofremedies available  You may approach the Internal Complaints Committee (Instituted in organization with 10 or more employees)/Local Complaints Committee if perpetrator is under the control of the employer OR  Especially in case of the perpetrator being an outsider, the employer will assist the victim in filing aCopyrights. Intelligent Legal Risk Management Solutions LLP.
• 10.
  Internal Complaints Committee Every employer of a workplace shall, by an order in writing, constitute a committee known as the “Internal Complaints Committee”) [Section 4(1)] Presiding Officer – Senior most woman employee in the work place Not less than two members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge One member from amongst NGOs or associations committed to the cause of women or a person familiar with the issues relating to Sexual Harassment At least one half of the total members so nominated shall be women Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 11.
  These are themembers of our Internal Complaints Committee • [Insert name] • [Insert contact details] Chairperson • [Insert name] • [Insert contact details] Member • [Insert name] • [Insert contact details] Member Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 12.
  Role of LocalComplaints Committee (LCC) a) If establishments have less than 10 workers, b) If the complaint is against the employers • The District Officer will designate:  one nodal officer in every block  ‘taluka’, ‘tehsil’ in rural or tribal area and  ward or municipality in the urban area to receive complaints and forward the same to LCC within 7 days. •The contact details of the nearest LCC is: [Insert contact details of the • One may approach the Local Complaints Committee ( LCC) : Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 13.
  When can youapproach the ICC/ LCC and lodge a complaint? There are three essentials to be met to lodge a complaint and approach the Internal Complaints Committee( ICC ) 1) The alleged act must constitute sexual harassment 2) The incident should have taken place in our workplace. 3)The offender should be under our control i.e, he should not be an outsider, who is not subject to the rules and regulations of our organizationCopyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 14.
  Methods of lodgingthe complaint: DIRECTLY INDIRECTLY Complain can be lodged by you Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 15.
  DIRECTLY  You candirectly approach the ICC keeping the following in a) Complaint be filed within 90 days of the incident b) Complaint filed in 6 copies+ supporting documents, names and addresses of the witnesses.  None of the parties can be represented by a lawyer during the proceedings Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 16.
  INDIRECTLY IN CASE OF PHYSICAL INCAPACITY a)friendor relative b) Co worker c) worker of the National Commission of Women or State Women’s Commission d) Any other person who knows about the incident with your written permission IN CASE OF MENTAL INCAPACITY a)A friend or relative b) A special educator c) A qualified psychiatrist or psychologist d) Any person who is aware of the incident jointly with a friend or relative or a special educator or a psychiatrist or psychologist under whose care you might be IN CASE OF DEATH Any person who has knowledge of the incident with written permission of the legal heir Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 17.
  Things you shouldremember :  You must preserve records that substantiate your allegation. These may include all forms of communication including:  emails,  SMSes,  telephonic records and  any other material which may be helpful in establishing your claim.  Do not retain such records and materials exclusively on equipment owned by the employer. Maintain a back-up of all such data and send a record of such materials to the ICC/ LCC.  At the time of making the complaint, request for confidentiality if you so desire. Both the ICC and LCC are bound to ensure it.  It is advisable that you retain a copy of complaint and
• 18.
  Interim measures thatcan be granted by the ICC  In case the inquiry takes time to be solved you can be granted interim relief by the ICC in the form of : a) You or the accused can be Transferred to another location as the case may b) You may be granted leave for a period of 3 months ( without any deduction in salary) in addition to statutory or contractual leave c) The accused person may be restrained from reporting on your work performance or writing confidential reports about you. (In case of an educational institution, restriction on academic supervision by the accused can be granted.)Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 19.
  The option ofconciliation  After hearing the complaint, ICC may advise conciliation which results in a settlement agreement between the parties.  The settlement agreement may specify that:  The perpetrator apologizes for his prior conduct to you.  That you agree to withdraw all legal proceedings in lieu of the instant case of harassment  Any conditions laid down by the ICC or agreed by the parties  The settlement has been made without any monetary transaction  It may specify the future conduct to be observed between the perpetrator and you.  The settlement agreement will be forwarded to theCopyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 20.
  Process of filingthe complaint and inquiry A written complaint is to be lodged with the ICC/LCC within a period of 3 months from the date of incident. The Presiding officer or any member of the ICC/ chairperson or any member of the LCC should assist you in filing it in a proper manner The ICC/LCC may extend the time for complaint by another 3 months on presentation of reasonable grounds The ICC/LCC should forward the complaint letter to the accused within 7 days The Complaints Committee shall make inquiry into the matter keeping the principles of natural justice in mind
• 21.
  The accused shouldreply along with the evidence and documents within 10 days from the date of receipt of the complaint letter. For conducting the Inquiry, a minimum of 3 members of the Complaints Committee including the Presiding Officer/ Chairperson should be present. A proper hearing would be given to both the parties The Complaints Committee can proceed with the inquiry in the absence of one party, if the person fails to appear for 3 consequitve hearings Continued.. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 22.
  Inquiry ( Ina nutshell)  In case a conciliation is not possible, an inquiry by the ICC/ LCC is initiated against the matter.  Inquiry is to be conducted as per Service Rules and if no such rules exist, in the manner as may be prescribed;  Inquiry to be completed within a period of 90 days following which a report which recommends the action to be taken by the employer is submitted in another 10 days  The employer or the D.O. has to act upon the recommendation within 60 days of its receipt by him. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 23.
  Inquiry ( Reliefand Compensation)  Where the allegation against the accused has been proved, ICC or LCC recommends us ( the employer )or the District Officer (D.O.) to take action against sexual harassment:  As a misconduct in accordance with service rules  To deduct an appropriate amount from the salary or wages of the accused as advised  If we are unable to make any deduction (the accused has left the organisation), we may direct the perpetrator to pay such amount to you;  If the perpetrator fails to pay the sum, the ICC or LCC may forward the order for recovery of the sum as an arrear of land revenue to the concerned D.O.Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 24.
  Determination of compensation  ICCor LCC shall have regard to –  The mental trauma, pain, suffering and emotional distress caused.  The loss in the career opportunity due to the incident in sexual harassment;  Medical expenses incurred for physical or psychiatric treatment;  Income and financial status of the perpetrator;  Feasibility of such payment in lump sum or in instalment.Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 25.
  Our responsibilities  Itis our responsibility to ensure smooth proceedings of the inquiry and to ascertain that the witnesses and the accused is present at the proceedings of the ICC/LCC.  If you have requested, interim relief may be granted by the ICC/LCC so long as the inquiry is pending/ conciliation process is completed. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 26.
  Appeal from theorder of ICC  If you are dissatisfied with the order passed by the ICC/ LCC, you may appeal to 1. Authority mentioned under Service Rules made by the government (If applicable to the employee) 2. Authority notified by the government under the Industrial Employment (Standing Orders) Act, 1946. This statute applies when the number of workers ranges from 50-100. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 27.
  In case thereis a breach in our obligations :  Where we fail to –  Constitute an ICC; or Follow the recommendation of ICC/LCC; or To include the details in the annual report,  We are punishable with a fine of Rs. 50,000.  If the person concerned is earlier convicted of an offence and commits the same offence again, he shall be liable to –  Twice the punishment, which might have been imposed on first conviction;  Cancellation of license or withdrawal or non-renewal or approval or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 28.
  Provisions under IPCand filing of an FIR  Where there is no specific law to deal with the particular offence of sexual harassment, the Indian Penal Code, 1860 is there to help you. It is used to punish the offender with respect to the nature of the act committed by him. The following sections of Indian Penal Code, 1860 cover acts of sexual harassment:  Sections 292 and 294 deal with Obscenity  Section 354 deals with Criminal Force or Assault Intended to Outrage Modesty  Section 354 A - Sexual harassment  Section 354 D - Stalking  Section 354 B - Intent or compelling a woman to disrobe  Section 375 deals with the offence of Rape  Section 509 deals with Word, Gesture or Act Intended to Outrage Modesty of women If violation of any of the above provisions takes place, we will assist you in filing an FIR directly with the police. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 29.
  The consequences offalse and malicious complaints  If the allegation against the accused is malicious or the complaint has been made knowing that the complaint is false or you or any other person making the complaint has produced any forged or misleading documents;  ICC or LCC will recommend the employer to take action against you or person making the false complaint in accordance with the provisions of the service and the consequences may include termination of employment, deduction in salary, warning, demotion, etc.  A mere inability to substantiate a complaint or provide adequate proof will not be considered as a malicious or false complaint. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 30.
   If youare facing a genuine problem, we will be happy to help but if it is for satisfying a grudge you hold against any employer, such fabricated case is neither appreciated nor will it be entertained. Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu
• 31.
   For anyfurther help you may contact the members of the ICC. Their name and contact details are as follows:  1. [Insert name and contact details]  2. [Insert name and contact details]  3. [Insert name and contact details] Copyrights. Intelligent Legal Risk Management Solutions LLP. http://sexualharassment.nujs.edu