Sexual Harassment Complaints Committee Rules & Regulations

The Government of India has enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. In accordance with this Act, sexual harassment may include any act or behaviour connected with the following circumstances:

  • Implied or explicit promise of preferential treatment in employment
  • Implied or explicit threat of detrimental treatment in employment
  • Interference with work or creation of an intimidating, offensive, or hostile work environment
  • Humiliating treatment that is likely to affect a person's health or safety

Sexual harassment includes unwelcome sexually determined behaviour such as:

  • Physical contact
  • Demand or request for sexual favours
  • Sexually coloured remarks
  • Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

Procedure for Filing Complaint

An aggrieved woman must submit a complaint of sexual harassment at the workplace within three months from the date of the incident. In the case of a series of incidents, the complaint must be filed within three months from the date of the last incident.

The complaint must be made in writing and submitted to the Sexual Harassment Committee. The Committee may extend the reporting period by up to three additional months if it is satisfied that circumstances prevented the employee from filing the complaint within the original time limit.

Assurance Against Retaliation

This policy is intended to encourage employees to express concerns, opinions, and complaints related to sexual harassment in a responsible and orderly manner.

Retaliation against any person who reports sexual harassment or provides information related to such behaviour is strictly prohibited. Any act of reprisal, including internal interference, coercion, or restraint by an employee, will be treated as a violation of this policy and will invite appropriate disciplinary action.

Such disciplinary action will be proposed by the Committee in accordance with the provisions of the Act and this policy. Based on the recommendations of the Committee, the Employer will ensure its implementation.

Confidentiality

The Committee will take all reasonable steps, consistent with this policy and applicable law, to protect the privacy of the individuals involved and to ensure fair treatment of both the complainant and the respondent.

Information relating to complaints and their resolution will be treated as confidential and shared only on a need-to-know basis. However, the Sexual Harassment Complaints Committee and the Employer shall not be held responsible under this confidentiality clause if the complaint is filed by a third party or if material facts relating to the complaint are already known to other persons.

Conciliation and Settlement

Before initiating an inquiry, the Internal Complaints Committee may, at the request of the aggrieved woman, take steps to arrive at a settlement between the parties.

However, no monetary settlement shall be made as the basis of such conciliation.

Mala Fide Complaints

  1. If the inquiry reveals that the complaint is unjustified or that the complainant raised the issue with ulterior motives, the Employer or an authorized person may counsel the complainant and recommend suitable action to prevent recurrence.
  2. At the same time, the Employer or authorized person will ensure that the complainant is not victimized.
  3. Appropriate action may be initiated against a mala fide complainant as per applicable rules and findings.

Professional Consequences of Violation of the Policy

  1. Any employee, supervisor, or manager found to have violated the harassment policy, whether by sexually harassing another employee of the opposite sex or the same sex, or by falsely accusing another person of sexual harassment, shall be subject to appropriate disciplinary action.
  2. The organization will not tolerate any form of retaliation against employees who bring bona fide complaints or provide information about harassment.
  3. If an inquiry finds that a complaint was false or made with mala fide intent, the complainant may be subject to disciplinary action, including termination.
  4. If any act of sexual harassment occurs as a result of an act or omission by a third party or outsider, the Employer will take all necessary and reasonable steps to support the affected person and initiate preventive action.

Conclusion

At PRC, we strive to provide a healthy, respectful, and supportive work environment where relationships among employees and with the Employer remain cordial and constructive. The purpose of this policy is to assure employees that PRC is committed to providing a safe, comfortable, and healthy workplace where everyone can perform to the best of their ability and have a positive and enriching experience.

Sexual Harassment Complaints Committee

The Sexual Harassment of Women At Workplace (Prevention, Prohibition & Redressal) Act 2013