Office or any workplace often presents various challenges for employees. Sometimes the environment is not safe, and at other times they do not receive respect. Situations can escalate to the point of mental, physical, or sexual harassment.
In such situations, many employees are unable to raise their voices for their rights. However, for the safety of employees, the Government of India has enacted the POSH Act, 2013. Under this law, it is mandatory for every company to form an Internal Complaints Committee (ICC) where employees can freely register their complaints. If a company does not comply with these rules or ignores complaints, it can face fines and legal action.
So, let’s discuss in the Know Your Rights column what harassment at the workplace means. We will also learn about –
- What do the related laws say?
- Where to file a complaint if you are a victim of harassment in the office?
Expert: Rudra Prakash Mishra, Assistant Welfare Commissioner, Labour Department, Bhopal Saroj Kumar Singh, Advocate, Supreme Court
What are the legal rights of every employee? In India, every employee is given certain essential rights to work without fear, discrimination, or exploitation. These rights ensure that the employee receives timely wages, works only for the stipulated hours, gets designated leaves on time, and that the office environment is safe and respectful. The purpose of these rights is not only to protect the employee but also to create a better and more responsible workplace.
What is workplace harassment? Any behaviour towards an employee at the office or workplace that makes them feel uncomfortable, humiliated, or intimidated is workplace harassment. It can occur in various forms. Understand it in the graphic below –
What options does an employee have if they become a victim of workplace harassment? In such cases, the employee should not remain silent. First, they can file a written complaint with their office’s Internal Complaints Committee (ICC). Under the POSH Act, 2013, it is mandatory for every company to form this committee to ensure justice for the victimised employee. If the company does not form an ICC or ignores the complaint, the employee can directly approach the Local Committee (a committee formed at the district level) or the Labour Department and the court.
What action is taken if a company ignores a harassment complaint? Advocate Saroj Kumar Singh explains that if a company does not take an employee’s sexual or mental harassment complaint seriously, strict action can be taken against it under the POSH Act, 2013.
- A fine of up to ₹50,000 can be imposed on the company.
- The company’s licence or registration can be cancelled.
- If the company repeatedly breaks the law, even stricter legal action can be taken against it.
If an employee does not get justice in the company, which government or legal institution can they seek help from? If an employee does not find a solution within the company, they can seek help from these institutions:
- District Complaints Committee
- National Commission for Women (NCW)
- Labour Commissioner’s Office
- Police or Women’s Helpline Number (1091)
- Filing a case in court through a POSH expert or lawyer
Are contract workers, interns, and freelancers also protected under this law? Under the POSH Act, women, whether they are permanent employees, on contract, interns, or freelancers, all have the right to safety at the workplace. This law is not limited to paid employees only but provides protection to any woman working in the office or any related place.
How can one file a complaint about harassment at the workplace? First, file a written complaint with the office’s ICC. It is necessary to provide the date, time, place, and details of the incident in the complaint. If there is no ICC in the office, a complaint can be made to the district-level committee.
What action can be taken against a company that breaks the law? If a company does not comply with labour laws or rules like the POSH Act, it can face financial penalties. Its licence or registration can be cancelled. In serious cases, criminal proceedings can be initiated against the responsible officers of the company. The victim may also be awarded compensation.
If you see someone being harassed in the office, what can you do? In such a case, first inform your senior or HR about it. If you wish, you can also directly tell the person that their behaviour is wrong, not funny, and should stop immediately. Never laugh at or participate in such misconduct as it will only encourage the harasser. You can also discuss the matter with your parents, a trusted elder, or a government agency such as the EEOC (Equal Employment Opportunity Commission).