Section 18 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- (1)Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.
- (2)The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.
Summary
- This section gives individuals the right to appeal specific decisions or recommendations made under the Act.
- Appeals can be filed against final inquiry reports that dismiss a case or find a respondent guilty.
- People can also appeal punishments for false or malicious complaints, false evidence, or confidentiality leaks.
- The appeal must go to the court or tribunal specified in the person's service rules, or as prescribed by law.
- The appeal must be filed within ninety days from the date the recommendations were made.
Practical examples
FAQ
1. What is the time limit to file an appeal under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013?
Under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013, the appeal must be filed within ninety days from the date the recommendations were made.
2. Who can file an appeal under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013?
Under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013, any person who is unhappy with the recommendations regarding inquiry findings, false complaints, witness penalties, confidentiality leaks, or non-implementation can file an appeal.
3. Where should an appeal be filed under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013?
Under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013, the appeal must be sent to the court or tribunal in accordance with the person's service rules, or as prescribed by government rules if no service rules exist.
4. Can you appeal if an employer fails to implement the committee's recommendations under Section 18 of the Sexual Harassment of Women at Workplace Act, 2013?
Yes, Section 18 of the Sexual Harassment of Women at Workplace Act, 2013 allows an appeal to be filed if the employer fails to implement the recommendations made by the committee.
Test yourself
Q1.Under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, within what period must an appeal be preferred?
Q2.Under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which of the following recommendations cannot be appealed?
Q3.Under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, if an employee is penalized under Section 17 of the Act for leaking confidential documents, where do they file their appeal?
Q4.Under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, who can prefer an appeal if the employer refuses to act on the committee's recommendations?