Posh

Any aggrieved women may make in writing a complaint of sexual harassment at workplace to the Internal committee/ Local Committee within 3 months from the date of incident or the date of the last incident in case of a series of incident [Section 9(1)].

The Internal Committee and the Local Committee can extend the time limit not exceeding another 3 months if it is satisfied that the circumstances were such which prevented the woman from filing the complaint within the said period [Section 9(1)].

If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death, her legal heirs or such other person as may be prescribed may do so.

As per the Act, it is the duty of every employer to provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace. The employer is obligated to formulate and widely disseminate an internal policy for prohibition, prevention, and redressal of Sexual Harassment at the workplace intended to promote gender-sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women. The employer has to display at any conspicuous place in the workplace, the penal consequences of Sexual Harassment. The employer is under a legal obligation to treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.

Further, it is specifically provided in Section 19(c) that the employer shall organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act

A fine up to Rs. 50,000 shall be imposed on the employer in case of its failure to:

1. Constitute an Internal Committee
2. Take action under Section 13 (penalty/deduction of the sum from Respondent)
3. Take action under Section 14 (malicious / false complaint, false evidence, forged / misleading document)
4. Include details of cases in the Annual Report
5. Contravention of other provisions of the Act / Rules

The penalty will be doubled for the commission of offence after previous conviction. The employer is also liable for cancellation of his license or withdrawal, or non-renewal of approval/registration, etc. required for carrying on his business or activity