Sexual Harassment at the Workplace
Prevent, address, and redress workplace sexual harassment under India’s 2013 Act with DoStartup’s expert support.
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Global and Legal Context
Sexual harassment at work is a serious worldwide issue undermining human dignity, equality, and safety. India’s response—the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—aligns with international conventions and mandates every employer to establish an Internal Complaints Committee (ICC) or refer to a Local Complaints Committee (LCC).
Definition under the 2013 Act
Includes any unwelcome physical contact or advances, demands for sexual favors, sexually colored remarks, showing pornography, or other unwelcome physical, verbal, or non‑verbal conduct of sexual nature at or connected with the workplace.
Example Scenario
If an assistant repeatedly makes inappropriate remarks to a new colleague, she can lodge a complaint with the ICC under the Act’s provisions.
Who is an Aggrieved Woman?
Any female—employee, domestic worker, intern, or visiting professional—who alleges sexual harassment at work, regardless of age or employment status.
Who Can File a Complaint?
The aggrieved woman herself; or with her written consent, a relative, friend, co‑worker, or authorized person if she is unable due to incapacity; her legal heirs in case of her death.
Key Protections and Reliefs
● Fair, time‑bound inquiry by ICC/LCC with civil‑court powers ● Interim measures: transfer, leave up to three months, removal of supervisory authority ● Disciplinary action and monetary compensation if harassment is proven ● Malicious complaints can attract action under service rules ● Strict confidentiality of proceedings to protect all parties ● Option for non‑monetary conciliation before inquiry
Complaint and Inquiry Process
● File written complaint within three months of the incident to ICC/LCC with incident details and relief sought
● ICC investigates: summons witnesses, examines documents, follows natural justice
● Criminal offenses are reported to police within seven days
● If respondent or complainant misses three hearings after 15‑day notice, ICC may proceed ex‑parte
Conciliation and Final Report
● Aggrieved may opt for non‑monetary conciliation under Section 10 before inquiry
● If conciliation succeeds, terms are recorded and matter closed
● Inquiry concludes within 90 days; report shared within 10 days
● ICC recommends disciplinary action, compensation recoverable as wages arrears, or closure if no harassment
Statutory Timelines
Complaint filing: 3 months Police report (if criminal): 7 days Inquiry completion: 90 days Report sharing: 10 days First‑party ex‑parte after 3 missed hearings + 15‑day notice
Why Choose DoStartup
Expert drafting under the 2013 Act and Rules
Support for ICC/LCC constitution, awareness, and compliance
Guidance on complaint drafting, filing, and follow‑up
Representation during inquiries and conciliation
Assistance enforcing ICC recommendations and confidentiality