NEW DELHI: You could risk losing at least 10% of your salary every month for a year, promotions, withdrawal of privileges and perks or even face termination of service if found guilty of sexually harassing a woman at your workplace. These are part of the new rules under the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) that was passed by Parliament recently. The rules empower the complaints committee to restrict the perpetrator's entry from the workplace if the guilty happens to be an outsider. The panel can also impose a fine of Rs 500, or 5% of the woman's salary in case of a false or malicious complaint.
These provisions are included in new rules that have been drafted by the ministry of women and child development and sent to the law ministry for their opinion. The provisions are likely to be notified by end-August.
A complaints committee, established under the law, will be empowered to recommend and impose a written apology, censure, withhold promotions, pay hikes or increments, entitlements and privileges, impose termination of service in case where they find a case of sexual harassment. The committee can also revoke, suspend any licence or registration in cases like a doctor or a lawyer's licence.
If the act has been committed by an outsider or a visitor the committee can pass orders to restrict the entry of the perpetrator or forewarn him of criminal and legal action in case of trauma to the victim. The guilty also risks losing a minimum of 10% of his salary every month for a period of a year or in a lump sum. The committee has been given powers to take in to consideration the nature of relationship between the complainant and the accused, the position of the respondent in the hierarchy and the incidents of prior complaint before determining the nature of penalty.
It can also slap a fine of Rs 500 or 5% of the salary of the complainant every month for a year in case of a false or malicious complaint.
The sexual harassment law, which has been in effect from April, is applicable to organized and unorganized workplaces including educational institutions, hospitals, residences (applicable to domestic workers) and provides a mechanism for the implementation of the Vishakha guidelines of 1997. Sexual harassment has been described broadly in the act as any attempt to promise or give preferential treatment, threaten or attempt to give detrimental treatment to an employee, create a work environment that is hostile, offensive or intimidating or humiliate an employee so that it affects her health or safety.
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