DUTIES OF EMPLOYERCentral

Section 19 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Every employer shall—

(a)provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace;
(b)display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4;
(c)organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;
(d)provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;
(e)assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
(f)make available such information to the Internal Committee or the Local Committee, as the case be, as it may require having regard to the complaint made under sub-section (1) of section 9;
(g)provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force;
(h)cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
1. (i)treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
(j)monitor the timely submission of reports by the Internal Committee.

Summary

This section outlines the essential duties that every employer must perform in the workplace.
Employers must provide a safe working environment, including safety from visitors and third parties.
They must display the consequences of harassment and the order creating the Internal Committee in a visible place.
They must organize regular training workshops for employees and special orientation programs for committee members.
Employers must provide necessary facilities, help secure witnesses, and supply required information to the committee.
They must assist the woman in filing criminal police complaints if she chooses, and treat harassment as misconduct under service rules.

Practical examples

1Karan runs a technology company. He places a large poster in the main cafeteria showing the names of the Internal Committee members and detailing the penalties for harassment. He also schedules a mandatory training workshop for all staff every six months, fulfilling his duties under Section 19.

2Priya, a receptionist at a hotel, is harassed by a regular guest. Under Section 19, the hotel management must help Priya file a criminal complaint with the local police against the guest, since the perpetrator is not an employee of the hotel.

FAQ

1. What are an employer's physical display duties under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013?

Under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013, the employer must display in a conspicuous, meaning clearly visible, place the penal consequences of sexual harassment and the order constituting the Internal Committee.

2. Does an employer have to help a victim file a police case under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013?

Yes, under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013, the employer must assist the woman if she chooses to file a complaint under the Indian Penal Code or any other law.

3. How must an employer treat the act of sexual harassment under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013?

Under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013, the employer must treat sexual harassment as a misconduct under the applicable service rules and initiate action for such misconduct.

4. What training is required of an employer under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013?

Under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013, the employer must organize regular awareness workshops for sensitizing employees and orientation programs for Internal Committee members.

Test yourself

Q1.Under Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what must the employer display in a conspicuous, meaning highly visible, place?

Q2.Under Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what is the employer's responsibility if the harasser is an outsider and not an employee?

Q3.Under Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, how must the employer treat the act of sexual harassment in terms of company policy?

Q4.Under Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, who must the employer train or sensitize?

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