Section 12 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- (1)During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may be, may recommend to the employer to—
- (a)transfer the aggrieved woman or the respondent to any other workplace; or
- (b)grant leave to the aggrieved woman up to a period of three months; or
- (c)grant such other relief to the aggrieved woman a may be prescribed.
- (2)The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled.
- (3)On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.
Summary
- While an inquiry is ongoing, the committee can recommend temporary relief for the victim if she submits a request in writing.
- The committee can recommend transferring the victim or the accused person to a different workplace.
- The victim can be granted temporary leave from her job for a period of up to three months.
- Any leave granted during the inquiry must be in addition to the regular leaves the victim is already entitled to.
- The employer is legally required to implement the committee's recommended relief and send back a report showing they did so.
Practical examples
FAQ
1. Can I get leave during a POSH inquiry under Section 12 of the Sexual Harassment of Women at Workplace Act 2013?
Yes, under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, you can make a written request for leave up to a period of three months, which is granted in addition to your regular leave.
2. Is the employer forced to follow interim recommendations under Section 12 of the workplace harassment law?
Yes, under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the employer must implement the recommendations of the committee and send an implementation report back to them.
3. Who can be transferred during an inquiry under Section 12 of the POSH Act?
Under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the committee can recommend transferring either the aggrieved woman or the respondent to any other workplace.
Test yourself
Q1.Under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what is the maximum duration of leave that can be recommended for the aggrieved woman?
Q2.Under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, how does the recommended leave affect the victim's existing leave balance?
Q3.What trigger is required for the committee to recommend interim relief under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?
Q4.Under Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, once the employer implements the recommendations, what must they do next?