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panwal kapil   06 May 2021

sexual harassment at workplace

If a female employee brings her sister or other female friend and that person is harassed at workplace by fellow employees then will be the complaint be booked under s*xual harassment at workplace act 2013 by that employee's sister/friend?


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 5 Replies

Sankaranarayanan (Advocate)     06 May 2021

Its depends upon the complaints

Trivendra Sharma (Practicing Lawyer 9918411669)     06 May 2021

It is unclear with what motive, these friends come at work place & why their entry was allowed? Why unknown persons were not restrained from entry. 

As such no body has right to play with modesty, be it any place.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 May 2021

Sexual harassment at a workplace is considered violation of women's right to equality, life and liberty. It creates an insecure and hostile work environment, which discourage women's participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth. With this idea the legislature formulated act. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 May 2021

1. Work Place Sexual Harassment Laws are NOT applicable to Visitors.  However the visitor may file Police FIR against the offender.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Ishaan   06 May 2021

The s*xual harassment laws under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provide the following circumstances under which an act may amount to s*xual harassment:
(i) Promise of preferential treatment in her employment (either implied or explicit)
(ii) Threat of damaging treatment in her employment
(iii) Threat about her current or potential employment status
(iv) Meddling with her work or establishing a menacing or offensive or hostile environment for work
(v) Humiliating treatment likely to influence the health or safety of the woman.

Aggrieved woman can report a complaint to ICC/LC within three months from the occurrence of the incident and in a case of repetitive incidents, within three months from the last such incident. However, any interruption in filing the complaint can be tolerated by the committee up to further three months. In case of bodily or mental incapability of the aggrieved woman, her legal heirs or such other person as described in Rule 6 of Rules, may file a complaint.
In a case where both the parties in question are employees, the principle of natural justice is supported, and both the parties are given a chance to be heard and a chance is given to make statements against the discoveries of the committee. For making an inquiry, the committee has similar powers as are vested in a civil court. The committee has to conclude the inquiry within a period not exceeding 90 days. The committee can, however, provide certain interim reliefs to the aggrieved woman during the time when the inquiry is still pending.
However, in this case, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 will not apply as the woman was not employed by the company in any capacity. But the aggrieved woman can file an official complaint with the police against the offender. 


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