Casual Company Limited was being headed and run by Mr. Questionable, its Chairman cum Managing Director (CMD) from his residence. He used to come to the office only in cases of emergency and if there was some important b

CS Professional · Labour Laws & Practice · PYQS · December 2019
Casual Company Limited was being headed and run by Mr. Questionable, its Chairman cum Managing Director (CMD) from his residence. He used to come to the office only in cases of emergency and if there was some important business requiring his physical presence, he was assisted by Miss Victim who was his personal secretary. The personal secretary wanted to complain about objectionable acts by her boss, but there was no internal complaints committee in the organisation. Also she was not comfortable in making the complaint directly due to mental stress. She was also advised that no action can be taken against her boss, as the wrongful act was done at the 'residence' of the boss and not at the workplace. Advise.

Answer & Explanation:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to ensure a safe working environment for women. It provides for protection to women at their workplace from any form of sexual harassment and for redressal of any complaints they may have launched. According to section 4 the Act requires an employer to set up an 'Internal Complaints Committee' ('ICC') at each office or branch, of an organization employing 10 or more employees, to hear and redress grievances pertaining to sexual harassment. In terms of Section 2(o) of the Act workplace includes private sector organisation/ private venture / undertaking / enterprise / institution / establishment / society / trust / non-governmental organisation / unit or service provider and places visited by employee (arising out of or during the course of employment, including transportation provided by employer for undertaking journey). Hence, if harassment takes place even during transportation or during a lunch meeting at a restaurant, the same will be covered under the Act. If the office is being run by Chairman cum Managing Director (CMD) from his residence and if such an officer indulges in an act of sexual harassment with an employee, say the personal secretary, it would not be appropriate for him to say that the he had not committed the act at workplace, but at the residence and get away with the same. Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or her relative or friend or her coworker an officer of the national or State Commission for Women or any person who has knowledge of the incident, with the written consent of aggrieved woman may make a complaint to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted.

Topics: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

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