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Workplace harassment is a problem that affects employees from all industries and levels. It can take various forms, including verbal abuse, sexual harassment, discrimination, bullying, or any other behaviour that fosters a hostile work environment. Harassment in the workplace is not only morally reprehensible, but it is also a legal infraction that can harm an individual’s mental health, productivity, and overall career progress. Recognising this, governments around the world, including India, have enacted strong legislative frameworks to safeguard employees and create a safe and dignified work environment.
Understanding your rights is the first step toward dealing with workplace harassment. Awareness enables employees to take action against infractions, seek legal redress, and contribute to a healthier organisational culture. This article delves into the numerous types of workplace harassment, the legal safeguards available, and the practical steps employees can take to protect themselves.
Workplace harassment does not only refer to overt physical or sexual misconduct. It can appear in a variety of forms, including:
India has enacted comprehensive legislation to protect employees from harassment and promote workplace accountability. The key legal provisions are:
It is commonly referred to as the POSH Act and is the major piece of legislation dealing with workplace sexual harassment. The key features include:
Create Internal Complaints Committees in organisations with ten or more employees.
Mandatory grievance redressal processes for investigating complaints within a specified timeframe.
Protection from retaliation for employees who register complaints.
Legal sanctions for noncompliance by the employer.
Article 14: Ensures equality before the law and equal protection of the law.
Article 15(1): Discrimination is prohibited on the basis of religion, race, caste, gender, or place of birth.
Article 21: Protects the right to life and human dignity, which includes a safe workplace.
Section 74: Penalises assault or unlawful force against a woman with the intent to insult her modesty.
Section 79: Addresses verbal or written harassment that insults a woman’s modesty.
Sections 303 and 318: Applicable in incidents of workplace fraud or financial harassment that have an indirect impact on employee safety and rights.
These statutes also include measures for employee safety, particularly for female workers, with an emphasis on safe working conditions.
Rights of Employees
All employees, regardless of gender, are entitled to:
A harassment-free, safe, and respectful workplace.
Submit concerns confidentially to the Internal concerns Committee or designated authority.
Protection from retaliation or victimisation while reporting harassment.
If internal methods fail, seek legal remedies, such as civil or criminal proceedings.
Seek counselling and support services to deal with harassment-related stress.
Employers are legally required to protect these rights and foster an environment in which employees can report abuses without fear.
1.Documenting the Incident: Keep a record of all messages, emails, and other proof of harassment. Date, time, and witness information are crucial.
2.Report Internally: Contact the Internal Complaints Committee or the HR department. The complaint should be formal and written, if possible.
3.Seek Legal Advice: Consult a lawyer about your options and remedies. Lawyers can assist you in submitting complaints under the POSH Act or criminal legislation, depending on the nature of the harassment.
4.External complaint: If the internal procedure fails or the organization fails to comply, employees may file a complaint with the Local Complaints Authority or take civil/criminal action.
5.Maintain Emotional Wellbeing: Being harassed can be mentally taxing. Seek help from trustworthy coworkers, mental health specialists, or support groups.
Employers have an important role in creating a harassment-free atmosphere. Responsibilities include:
Providing awareness and sensitivity training to staff.
Forming Internal Complaints Committees and guaranteeing their appropriate operation.
Implementing clear workplace policies that outline forbidden behaviour and consequences.
Responding immediately and fairly to complaints.
Protecting employees from retaliation and fostering a culture of respect.
A proactive employer not only follows the law, but also improves employee morale, productivity, and the organization’s reputation.
Workplace harassment is a breach of personal dignity and legal rights, and regulations such as the POSH Act, as well as constitutional and criminal prohibitions, give avenues for employees to seek redress. Awareness of these rights is critical for both employees and employers in order to promote a safe and equal workplace.
Author Adv. Abdul Mulla emphasises the necessity of understanding these legal rights on platforms such as www.lifeandlaw.in and www.asmlegalservices.in. His work raises awareness regarding workplace harassment, ensuring that employees understand their rights in the workplace.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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