Harrasment laws

According to Section 2(h) of the Protection against Harassment of women at Workplace Act, 2010 harassment” means any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply with such a request or is made a condition for employment.

According to the Section 3 of the Protection against Harassment of women at Workplace Act, 2010, every organization has to constitute an Inquiry Committee to inquire into complaints made against workplace harassment. And committee shall consist of three members of whom at least one member should be a woman.

If a person is guilty of workplace harassment, the following penalty under section 4 of the protection against harassment of women at workplace act, 2010 can be imposed on him:

A) Minor Penalties
Censure withholding for a specific period, promotion or increment
Stoppage for a specific period
Recovery of the compensation payable to the complainant from pay or any other source of the accused.

B) Major Penalties
Reduction to lower post or time-scale or to a lower stage in a time-scale.
Compulsory retirement
Removal from service
Dismissal from service and fine

According to Section 8 of the Protection against Harassment of Women at Workplace Act, 2010, the female has an option to file a complaint directly to the Ombudsman or the Inquiry Committee.


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