The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 addresses the issue of workplace sexual harassment faced by women.
Women covered under the Act:
The Act recognizes the right of every woman to a safe and secure
workplace environment irrespective of her age or employment/work status. Hence, the right of all women working or visiting any workplace whether in the capacity of regular, temporary, adhoc, or daily wages basis is protected under the Act.
It includes all women whether engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer.They may be working for remuneration, on a voluntary basis or otherwise.
Their terms of employment can be express or implied.
Further, she could be a co-worker, a contract worker, probationer, trainee, apprentice, or called by any other such name.
The Act also covers a woman, who is working in a dwelling place or house.
Definition of Workplace
A workplace is defined as “any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such a journey.”
As per this definition, a workplace covers both the organised and un-organised sectors.
It also includes all workplaces whether owned by Indian or foreign company having a place of work in India.
As per the Act, workplace includes:
Government organizations, including Government company, corporations and cooperative societies;
Private sector organisations, venture, society, trust, NGO or service providers etc. providing services which are commercial, vocational, educational, sports, professional, entertainment, industrial, health related or financial activities, including production, supply, sale, distribution or service;
Hospitals/Nursing Homes;
Sports Institutes/Facilities;
Places visited by the employee (including while on travel) including transportation provided by employer;
A dwelling place or house.
The Act defines the Unorganised Sector as:
Any enterprise owned by an individual or self-employed workers engaged in the production or sale of goods or providing services of any kind;
Any enterprise which employs less than 10 workers.
Sexual harassment at the workplace
“Sexual Harassment” includes anyone or more of the following unwelcome acts or behaviour ( whether directly or by implication), namely:
Physical contact or advances;
A demand or request for sexual favours;
Making sexually coloured remarks;
Showing pornography;
Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
Key elements of workplace sexual harassment
Very often situations that start off innocently end up in inappropriate and unprofessional behaviours.
It is important to remember that workplace sexual harassment is sexual, unwelcome and the experience is subjective.
It is the impact and not the intent that matters and it almost always occurs in a matrix of power.
It is possible that a woman may experience a single instance of sexual harassment or a series of incidents over a period of time.
It is important also to remember that each case is unique and should be examined in its own context and according to the surrounding circumstances as a whole.
To enable prevention of sexual harassment at the workplace, it is critical to recognize and differentiate between welcome and unwelcome sexual behaviour.