PoSH Snippet of the Act of 2013 V11

LEARNING OBJECTIVES

1. In this module, we will learn about the genesis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 enacted by the Indian Parliament. 2. We will also learn how it is now mandatory for the employers to create and provide and environment and framework for women’s safety and security. 3. The module also brings insights to the learner about the duties and responsibilities of the employer, the legal framework, the process which will unfold in the event of any unfortunate incident and penal provisions mandated by the law. 1. To provide protection to women against sexual harassment at workplace. 2. To sensitize the entire workforce about what all constitutes sexual harassment and the way to deal with it. 3. To create and sustain a legal framework for preventing, prohibiting and redressal process of complaints of sexual harassment of women at workplace. 4. While providing for a gender sensitive environment in any organization, the Act makes the employer responsible and accountable for the same. OBJECTIVES OF THE ACT

APPLICABILITY

The act is applicable to all the establishments established under the Factories Act 1948 and the Maharashtra Shops and Establishments Act 1946 where ten (10) or more employees are employed.

DEFINITION

Section 2 (a) “Aggrieved woman” means a woman, of any age who has been a victim of sexual harassment at her workplace. Section 2 (f) “Employee” means a person employed at a workplace for any nature of work, who also includes a woman whose domestic worker/servant. Section 2 (n) “SEXUAL HARASSMENT” means any one or more of the following unwelcome acts or behaviour (whether directly or by implication), towards the working woman, namely: i. physical contact and advances; or

ii. demand or request for sexual favours; or iii. making sexually coloured remarks; or iv. showing pornography; or v. any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Section 2 (o) “WORKPLACE” means i. any organization setup by the Government or the local authority; ii. any organization setup in the private or non-government sector;

For internal circulation only

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