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THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

NORMS November 18, 2019

Applies to: Whole of India, came into force on 23.04.2013

Aggrieved Woman: In relation to a work place, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.

Sexual Harassment: Physical contact and advances, or a demand or request for sexual favours, or making sexually coloured remarks, or showing pornography, or any other unwelcome physical, verbal or non- verbal contact of sexual nature.

Internal Complaints Committee: An employer by an order in writing shall constitute an  Internal Complaints Committee for his establishment and for each of its branches/ divisions also.

Presiding Officer: A woman employed at a senior level from among the employees.

Members: Not less than two from the employees, One from NGOs or Associations, One half members should be women. Tenure – three years.

Complaint: In writing within a period of three months from the date of incident.

Inquiry time limit: Ninety days.

Duties of employer: Provide safe working environment, display the penal consequences of sexual harassment, organise workshops, provide facilities to ICC for dealing the complaint, furnish the required information, treat sexual harassment as a misconduct under the service rules, monitor the timely submission of reports. Publication or making known contents of complaint and inquiry proceedings- prohibited.

Annual Report of employer: Include in its report the number of cases filed if any and the disposal of the same.

Penalty for non- compliance: Contravenes any provisions of the Act- punishable with fine Rs. 50,000/- If repeated the same offence- Twice the punishment, which might have been imposed on the 1st conviction, subject to the punishment being maximum provided for the same offence. Cancellation of his licence or withdrawal, or non-renewal or approval, or cancellation of the registration to run the business.

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