The Prohibition of Sexual Harassment of Women at Workplace Act, 2013 Sexual Harassment at workplace broadly includes: Physical contact and advances: A demand or request for sexual favours; or Making sexually coloured remarks; or Showing pornography; or Any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Procedural Requirements for Employers The act provides an outline about employer’s requirements to develop a complaint mechanism. Section 4 lays down the establishment of an Internal Complaints Committee (ICC). The ICC must consist of atleast- Four members under the Chairperson ship of a senior woman employee, Two members from amongst the employees preferably a women with experience in social work or legal knowledge and A third party member preferably affiliated with a non- governmental organization. If a workplace has less than 10 employees it is difficult to set up ICC. In that case complaints may be filed at local complaints committee (LOC) established at the district level. Section 19 requires employers to organize an orientation, workshops and awareness programs for sensitizing employees to the harms of sexual harassment and to provide assistance to the complainant should she choose to file a police complaint. Further, employers are required to display at the workplace details of the penal consequences of indulging in acts of sexual harassment, the composition of the ICC, and the grievance redressal mechanism available to aggrieved employees. The Complaint Process Assuming an ICC has been established in a workplace, a woman alleging sexual harassment must act quickly to preserve her complaint. Section 9 requires that a complaint of sexual harassment be filed within three months of the date of the incident. This may be extended to another three months if the woman can prove that grave circumstances prevented her from filing at an earlier time although “grave” is not defined within the act. The ICC is required to complete the inquiry within 90 days of receipt of a complaint. While the complaint investigation is ongoing, upon written request of the complainant, the woman may be transferred to another workplace or granted leave for a period of up to three months. On completion of the inquiry, a report will be sent to the employer or the District Officer (for workplaces with few than 10 employees) who is then obliged to take action on the report within 60 days. Employers are required to ensure timely submission of reports to the District Officer. Section 15 provides various factors to be considered if compensation for the aggrieved woman is deemed appropriate by the ICC which include the level of mental trauma, pain, suffering, emotional distress, medical expenses incurred, financial status of the respondent, loss in career opportunity due to the incident, and the feasibility of such payment in lump sum or in installments. As a result, the accused person faces a potentially significant financial loss if found liable by the ICC. The Act provides that the deductions may be made from the respondent’s salary or wages. If a complaint is not proven, the ICC can instruct the employer or appropriate District Officer that no further action is required. Women and The Labour Laws As per the Code on Social Security, to be eligible for maternity benefits, a woman must have worked in an establishment for at least 80 days in the 12 months immediately preceding the expected delivery. Eligible women receive maternity benefit equal to their average daily wages for the duration of the leave. The maximum period of maternity leave is 26 weeks, of which up to 8 weeks may be taken before the expected date of delivery. Additionally, a woman who legally adopts a child below three months of age, or a “commissioning mother” (a biological mother who uses surrogacy), is entitled to 12 weeks of maternity benefit from the date of adoption or from the date the child is handed over. Work from home In case the work assigned to a woman is of such a nature that she may work from home, the employer may allow her to do so, after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree. Simplification of certification for proof of delivery, etc. Proof of maternity-related conditions such as pregnancy, delivery, miscarriage, medical termination of pregnancy, tubectomy operation, or illness arising from such events may now be furnished through a form issued by: a registered medical practitioner, an accredited social health activist (ASHA), a qualified auxiliary nurse, or a midwife. This provision, under Code on Social Security, simplifies the certification process, which under the Maternity Benefit Act, 1961 can only be obtained from a registered medical practitioner or a hospital or midwife. Medical bonus If the employer does not provide free pre-natal confinement & post-natal care, the woman is entitled to a medical bonus of ₹3,500. Provision of Nursing breaks After resuming duty post-childbirth, a woman is entitled to two breaks during her daily work for nursing the child until the child attains the age of 15 months. Crèche facility In every establishment where 50 or more workers are employed, there must be a crèche facility either separate or common within a prescribed distance. The employer must allow four visits a day by the woman to the crèche which includes the rest intervals. This provision—under Code on Social Security and Occupational Safety, Health and Working Conditions, 2020—supports working women with children below the age of 6 years. Crèche facilities support working mothers by enabling childcare at the workplace, helping women balance work and family. Boost to female labour force participation Women workers can work in all establishments for all types of work. They may also work at night, i.e. before 6 a.m. and beyond 7 p.m, with their consent, and the employer is required to make adequate arrangements for their safety, facilities, and transportation. Allowing women to work across all establishments, including night shifts with necessary safety measures, promotes gender equality, expands employment opportunities, and supports higher female participation in the workforce. Prohibition of Gender Discrimination Employers shall not discriminate on ground of gender in matter relating to recruitment, wages, or conditions of employment in respect of the same work or work of a similar nature done by employees. Such a provision under Code on Wages, 2019: Ensures equal pay for equal work, removing unfair wage disparities based on gender. Expands protection to cover not just wages, but also recruitment and employment conditions, ensuring fairness throughout the employment. Promotes workplace equality, giving women and men the same opportunities in hiring, pay, and treatment. Women’s Representation on Advisory Boards One-third members in the Central/State Advisory Board shall be women. Central/State Advisory Board shall give advice on fixation or revision of minimum wages, providing increasing employment opportunities for women, the extent to which women may be employed in such establishments or employments. This ensures women’s voices in policy-making, leading to more inclusive and balanced employment policies. It helps design policies that increase employment opportunities for women, promoting gender equality in the labour market. Representation of Women in the GRC The Industrial Relations Code 2020 mandates adequate representation of women in the Grievance Redressal Committee (GRC), not less than their proportion in the total workforce of the establishment. Ensures women workers have a fair voice in workplace dispute resolution. Women’s perspectives help address issues more comprehensively and sensitively. Women employees feel more secure raising concerns when represented by peers. Matters such as workplace harassment, maternity rights, and safety can be better handled. Balanced representation fosters fairness, reducing discrimination and conflicts. Source : National Commission for Women