Workplace harassment includes any unwelcome behaviour in a workplace that creates a hostile, intimidating or offensive work environment for an employee. This conduct is dealt with in India as a legal issue as it is an interference with the fundamental rights of dignity, equality and a safe workplace. Being harassed can adversely affect health, promotions and work relationships. Therefore, it’s essential the victim reacts. Awareness of the complaint process means victims won’t feel powerless and can assert their rights. One of the best law firm in Bangalore, Prime Legal, can provide you with professional legal advice if you’re looking for legal guidance.
What is Workplace Harassment?
Under Indian law, any form of workplace harassment includes a wide range of behaviours that embarrass, intimidate or cause physical, psychological or emotional harm to an employee. Not only are these acts physical, but verbal, emotional, discriminatory and bullying behaviour. This includes sexual harassment, which is highly specific and is unwelcome physical contact or advances, or sexually coloured remarks. But harassment can be more subtle, such as denying someone the chance to undertake meaningful work, or their regular humiliation. The law recognises indirect as well as direct forms of misconduct, to provide greater employee protection.
Laws Governing Workplace Harassment in India
The key act regulating the issues of workplace harassment, especially sexual harassment is, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The act makes it mandatory for the employer to maintain a safe environment and complaint mechanism. Further, certain aspects of the Bharatiya Nyaya Sanhita (Indian Penal Code) apply to the extent the behaviour is a crime such as assault, stalking or intimidation. The laws can be applied in both public and private employment making it widely available. These laws have a deterrent and punitive impact.
Who Can File a Workplace Harassment Complaint?
Harassment complaints can be made by any employee, including those working part-time, on contract, or are an intern. The POSH Act protects women in the workplace because of the dangers they could face. However, company policies and legal guidelines are relevant to all employees being harassed. The complainant has the right to anonymity, an impartial inquiry and no retaliation. This encourages non-victims to come forward.
Step-by-Step Process to File a Workplace Harassment Complaint
Step 1 – Make Complaint to Internal Complaints Committee (ICC)
First it should be reported to an Internal Complaints Committee (ICC which must be established in all workplaces with over 10 employees). It must be in writing within three months of an incident (but can be extended for certain reasons). The ICC will fairly accept and consider complaints.
Step 2 – Write a Complaint
It’s better to put your Complaint in writing. It should include the date, time and place of the incident, and provide information about the incident. It should be accompanied by evidence, such as emails and text messages. Complaints help to articulate cases during inquiry. Read our guide on how to draft a legal notice in order to get an enhanced understanding about legal notice.
Step 3 – Inquiry by ICC
Following receipt of the complaint, the investigation involves the gathering of evidence, and hearing the complainant and respondent. The inquiry is a private inquiry to maintain confidentiality. The committee is fair and affords both parties an opportunity to be heard. The inquiry is conducted on time.
Step 4 – Employer’s Action
The ICC provides the employer with the inquiry findings. The employer disciplines the accused, for example, by giving them a warning, suspension or dismissal. This is a vital lesson to promote safety and standards in the workplace.
Step 5 – Complaint to Local Committee (If No ICC)
If the organisation doesn’t have an Internal Complaints Committee or if the complaint is against the owner of the enterprise, then the victim can file his/her complaint before the Local Complaints Committee at the district level. This enables access for small firms or the informal sector.
Step 6 – Police Complaint (If Criminal offences)
If the sexual harassment amounts to a criminal offence (such as assault, stalking or domestic violence), the victim may file a complaint with the police and report a First Information Report. This will ensure that it will be treated under the criminal law, which may impose a heavier penalty.
Documents Required for Filing a Complaint
There are documents required to be submitted when filing a complaint, including a complaint in writing about the incident, and evidence of the complaint. Such as emails, SMS or pictures. Names of any witnesses should also be provided. It will help build a case and get the fairest outcome.
Time Limit for Filing a Workplace Harassment Complaint
The law requires that a complaint be made within three months of the incident. However, there may be exceptions if there are legitimate reasons to delay filing the complaint. The complaint must be lodged in time to ensure the complainant’s case is maximised and evidence is not lost.
What Happens After Filing the Complaint?
After the complaint is filed there is an enquiry and the committee prepares a report. The employer considers this report and acts accordingly. The complaint parties can appeal if they are unhappy with any action taken. This ensures a fair and transparent process.
Remedies Available to Victims
Victims of harassment have a number of options, including compensation for psychological and financial damages. They may also be rotated to another unit or placed on leave while the investigation of the matter is ongoing. In some severe cases, they can take their employer to court. Such steps will help reassert the victim’s humanity and protect their employment.
Why You Should Consult a Lawyer
A lawyer can help to understand the process, prepare and lodge a complaint and evidence. They can also represent the victim, and give advice on complex issues. This will increase the chances of success. You can visit our page for Employment lawyers in Bangalore for expert guidance
Conclusion
Workplace harassment should not be tolerated. They can raise awareness of the complaint procedure and the legal avenues. Speaking out and pursuing legal action can help the victim to assert their rights, and contribute to a respectful workplace culture. Consult the law firm in Bangalore for expert legal guidance.
Frequently Asked Questions
1. What are the signs of workplace harassment?
Persistent unpleasant behavior, such as disparaging jokes, yelling, intimidation, exclusion, or insulting remarks concerning protected characteristics (race, gender, or religion), is a sign of workplace harassment.
2. What are the types of workplace harassment?
Workplace harassment can be any kind such as Discriminatory harassment, Power harassment, Personal harassment, Cyber harassment, Verbal harassment, Sexual harassment and Retaliation harassment.
3. Can I file a complaint for mental harassment at the workplace?
Yes, you can make an Internal Complaints Committee or file an FIR in a police station.
4. What is the law for workplace harassment prevention?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (SH Act)
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