Employee rights explained; ICC Workplace Harassment Complaint | Learn your rights- if there is a haresment or discrimination on the workplace: then these are legal rights, know where to complain, how to take legal help

12 minutes agoAuthor: Sandeep Singh

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Office Or at the place of any work, many times employees have to face various problems. Sometimes the atmosphere is not safe, sometimes they do not get respect. Many times the situation deteriorates so much that the case reaches mental, physical or sexual harassment.

In such a situation, many employees are unable to raise their rights. While the Government of India has enacted the Posh Act, 2013 for the safety of employees. Under this law, it is necessary to create an internal Complaint Committee (ICC) in every company, where employees can openly file their complaint. If a company does not follow these rules or ignores complaints, it may be fined and legal action may be taken.

So let’s Learn your rights In the column, we will talk about what is the harassment on the workplace? Will also know that-

  • What do laws related to this say?
  • Where to complain about being a victim of harassment in the office?

Expert:

  • Rudra Prakash Mishra, Assistant Welfare Commissioner, Labor Department, Bhopal
  • Saroj Kumar Singh, Advocate, Supreme Court

Question- What are the legal rights of every employee?

answer- Every employee in India has been given some necessary rights, so that he can work without fear, discrimination or exploitation. These rights ensure that the employee gets salary on time, to work for the fixed hours, get the fixed holidays on time and the office environment is safe and respected. The purpose of these rights is not only to protect the employee, but also to make a better and responsible workplace.

Question- What is a workplace harassment?

answer- In place of office or work, behaving with any employee who makes him feel uncomfortable, humiliated or intimidated is a workplace harassment. This can not happen in a way, but in a way. Understand it in the graphic below-

Question- If an employee falls victim to a workplace harassment, what options do he have?

answer- Employees did not remain silent in such a case. First of all, he can file a written complaint in his office’s Internal Complaint Committee (ICC). Under the Posh Act, 2013, it is necessary to form this committee in every company, so that the victim employee can get justice. If the company does not form an ICC or ignores the complaint, then the employee can go directly to the local committee (district level committee) or the labor department and court.

Question- If a company ignores the complaint of harassment, then what action is taken?

answer- Advocate Saroj Kumar Singh says that if a company does not take the complaint of sexual or mental harassment of an employee seriously, then strict action can be taken under the Posh Act, 2013.

  • The company can be fined up to Rs 50,000.
  • The company’s license or registration can be canceled.
  • If the company repeatedly breaks the law, it may be more strict legal action.

Question- If the employee does not get justice in the company, then from which government or legal institution can they take help?

answer- If the employee does not find a solution inside the company, he can seek help from these institutions.

  • District Complaints Committee
  • National Commission for Women (NCW)
  • Labor commissioner office
  • Police or women’s helpline number (1091)
  • POSH Finding a case in court through specialist or lawyer

Question- Are contract workers, interns and freelancers safe under this law?

answer- Under the Posh Act, women, whether permanent employees, on contract, intern or freelancer all have the right to security at the workplace. This law is not only limited to paid employees, but provides protection to any woman who is working at the office or any place related to it.

Question- How can you complain about harassment on workplace?

answer- First of all, give written complaint in the office of the office. In the complaint, it is necessary to give details of date, time, place and event. If there is no ICC in the office, then a complaint can be made in the district level committee.

Question- What action can be taken on the company that breaks the law?

answer- If a company does not follow rules like labor laws or POSH Act, it can be fined financially. His license or registration can be canceled. In serious cases, the company’s responsible officers can also be tried. The victim can be compensated.

Question- What can you do if you see someone’s harassment in the office?

answer- In such a case, first of all, tell your senior or HR about this. If you want, you can also tell the person directly that his behavior is wrong, not funny and he should stop immediately. Never laugh at such bad behavior or involve it because it will promote the hares. You can also talk about this to your parents, a sensible big person or a government institution like EEOC (Equal Employment Opportunity Commission).

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