The recent news about the business group that failed to address allegations of sexual harassment has sparked outrage among women's rights groups and the public. The new CBI boss has issued a statement apologizing to the women who were let down by the group. This incident raises important questions about the legal responsibilities of businesses in India towards their employees.
Sexual harassment is a crime in India, and the law requires employers to take steps to prevent and address such incidents in the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("the Act") provides a comprehensive framework for addressing sexual harassment in the workplace. This includes a definition of sexual harassment, the obligation of employers to provide a safe working environment, the creation of internal committees to investigate complaints, and the protection of complainants from victimization.
The Act applies to all workplaces, whether public or private. In the case of an allegation of sexual harassment, the employer is required to set up an internal complaints committee ("ICC") within 10 days. The committee must be composed of professionals from different disciplines, including at least one lawyer, and it must have at least one woman as a member. It is responsible for investigating complaints of sexual harassment and for making recommendations to the employer for action to be taken.
If an employer is found to have failed to prevent or address sexual harassment at the workplace, they can be held liable. Under the Act, an employer can be ordered to pay compensation to the victim, as well as fines and other penalties. In certain cases, the employer can also face criminal charges.
One of the key obligations of employers under the Act is to create a safe working environment for women. This includes providing training to employees on what constitutes sexual harassment, and what steps they should take if they witness or experience it. Failure to provide training or to take steps to prevent sexual harassment can result in liability for the employer.
Another important requirement of the Act is that employers must provide a mechanism for employees to make complaints of sexual harassment. This mechanism must ensure confidentiality, and protect the confidentiality of the complainant. The employer must also ensure that there is no victimization of the complainant, which could include ostracism, harassment, or termination of employment.
The Act also provides for the appointment of a Local Complaints Committee ("LCC") in cases where the employer does not set up an ICC. The LCC has the same powers and functions as the ICC, but it only applies to workplaces where fewer than 10 employees work.
In conclusion, the recent news about the business group that failed to address allegations of sexual harassment is a timely reminder of the legal obligations of employers in India. Employers must take steps to prevent and address sexual harassment in the workplace, such as providing training to employees and setting up internal complaints committees. Failure to do so can result in significant legal consequences, including compensation, fines, and criminal charges. Women have the right to work in a safe and harassment-free environment, and it is the responsibility of employers to ensure this happens.
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