Drafting Of Sexual Harassment Policy – India
Drafting Of Sexual Harassment Policy – India
Through this service, we offer you the assistance of our licensed lawyers, who are experts in this field of work and will navigate with you through all relevant specifications, in order to draft a bespoke sexual harassment policy in strict compliance with the applicable laws and your policy requirements. With your understanding and approval, the draft will undergo modifications and changes until the clients are satisfied with the contents of the policy drafted. The main aim to mandatorily draft sexual harassment policies is to ensure a safe working environment for all, with such a policy necessitating precise drafting by a highly qualified lawyer so as to avoid any conflict of interest and to cover all bases regarding liability.
We also provide the option for settlement through an internal committee for redressal at the discretion of our clients and subject to case severity.
The landmark judgment observed by the Hon’ble Supreme Court in the matter of Vishaka & ors v/s State of Rajasthan which played as a catalyst in setting a new set of procedural guidelines for every case relating to sexual harassment at the workplace. They were promulgated by the Hon’ble Supreme Court in 1997 and were superseded in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Thereby, new directives were given across the corporate sector to form their own policies in case of sexual harassment in accordance with the law. The aim was to ensure a safe working environment for women. The policies for sexual harassment must be drafted by ensuring in case if such an unfortunate act occurs the victim has all the needed redressal and to avoid such un-lawful advances in the first place. It is mandatory for every employer of an establishment with more than 10 employees to lay down a well-drafted anti-sexual harassment policy to provide a safe working environment and for the redressal of the same.
We, through our technically trained legal teams, ensure that our lawyers provide their adequate skills of drafting and consultation over the policy in regard to your requirements and lay down a systematic provision of the sexual harassment policies. After your consideration and approval, the draft will be finalized by our lawyers. These policies will ensure there is trust and transparency between the employees and the employers. This will obtain the smooth functioning of the organization within the guidelines.
The standard steps involved are;
- On a scheduled date the interested parties can meet our expert lawyers for drafting policies in accordance with the law
- Our Senior Advocates will offer you consultation and advisory on the contents of the sexual harassment policies.
- After which our lawyers will draft the sexual harassment policies on the instructions of our clients.
- After reviewing the draft made by our licensed lawyers, any corrections and alterations in the draft will be changed accordingly to the requirement of the client.
- On approval of the changes made in the draft, a finalized copy of the policy will be prepared by our team of lawyers.
- After the final copy of the sexual harassment policies is furnished, it will be termed as complete.
The general documents required are:
- Company registration certificate
- Requisite details of the company.
- List of current employees of the company
- Internal redressal committee (role, the term of office)
What Shall You Obtain?
The process is undertaken by licensed legal practitioners and therefore shall be in good faith of the client. After the drafting of the sexual harassment policy is completed, the customer shall be given a complete copy of the draft along with the certified supporting documents for each activity undertaken.
Duration Until Completion
From the date of application for drafting the sexual harassment policies, it takes approximately 05-10 days. After the completion of the process in accordance with the Act. The Documents received by us will be thoroughly verified by our experts and shall be attested.*
Why should one engage with this service?
At our corporate legal service, our lawyer understands the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and can draft an all-inclusive POSH policy for the authenticity it is vital to engage our lawyers.
What is sexual harassment?
The Act in its Section 2n defines sexual harassment. Sexual harassment includes unwelcomed acts, unwelcomed physical contact, geastures, behavior, or demand or request for sexual favours and advances.
Who is an aggrieved woman according to the Act?
According to the Act (Section 2a), aggrieved woman means, in relation to a workplace, a woman of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment.
What is the workplace according to the Act?
The workplace includes any department, organization, undertaking, establishment, enterprise, institution, office, branch, or unit which is established, owned, controlled, or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a cooperative society (Section 2o).
What is the Internal Complaint Committee mandatory?
According to Section 4(1) of the Act, an Internal Complaint Committee is mandatory in every workplace and shall constitute the same by an order in writing.
What is the Local Complaints Committee?
In a district, a committee known as the Local Complaints Committee (LCC) has to be constituted. (Section 6(1)).
What is the time limit for an aggrieved woman to give a complaint?
Any aggrieved women may make in writing a complaint of sexual harassment at the workplace to the Internal committee/ Local Committee within 3 months from the date of the incident or the date of the last incident in case of a series of incidents (Section 9(1)).
Can the time limit of 3 months be extended?
The time limit can extend upto 3 months if reasonable grounds where the victim was prevented from filing such a complaint or otherwise are submitted to the inquiry committee (Section 9(1)).
Can the sexual harassment complaint be filed by any other perosn other than the victim under the act?
Only when the aggrieved person is unable to make a complaint due to mental or physical incapacity, their legal heir or other representative may file the complaint (Section 9(2)).
What is the time limit of inquiry?
There is 90days limitation period to conduct an inquiry for sexual harassment at workplace. (Section 11(4))
*The timelines mentioned are on an approximate basis and may vary on a real-time basis.
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