It is essential to understand which actions do not fall under “direct” or “indirect” sexual harrasement under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’. Below are such examples.
1.REQUIRING PERFORMANCE TO JOB STANDARDS
Employer can ask for better performance as per minimum job standards which are inevitable part of any job profile.
2.FOLLOWING-UP ON WORK ABSENCES
Employer has the power to take follow up regarding leaves taken by the employee.Employer can restrict any employee from taking leaves other than those for which he/she is entitled as per employment contract.
3.CONSTRUCTIVE FEEDBACK
Constructive feedback is supportive feedback given to individuals to help identify solutions to areas of weakness they may have. Any such act of employer/senior management do not constitute sexual harassment at workplace.
4.WORKING CONDITIONS
Management has power to prescribe working conditions aligned with objectives of company and any such working condition included within the scope of work of a individual employee, do not constitute sexual harassment at workplace.
5.NORMAL EXERCISE OF MANAGEMENT RIGHTS
Management has the right to determine what work will be done, when it will be done and who will perform the work. Any such instruction or condition imposed on employee within the scope of management rights do not constitute sexual harassment.
6.WORK-RELATED STRESS
Work stress can be defined as the harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities, resources, or needs of the employee. Job conditions such as the design of task, management style, work roles or career concerns which may contradict with the expectations of employee. For example, inability to meet deadlines of work does not constitute sexual harassment by employer.
7.RELATIONSHIP OF MUTUAL CONSENT
Behaviours that are not considered harassment are those that arise from a relationship of mutual consent does not constitute sexual harassment. Companies can adopt the policy restricting any relationship other than professional relationship at work place between colleagues.
8.DIRECTION OF THE WORKPLACE
The management and discipline of employees is also not harassment. Legitimate requirements to comply with rules or standards such as requests to meet dress codes, deadlines, employee performance standards, attendance requirements are not considered harassment.
9.ADMINISTRATIVE POLICY AND PROCEDURES
Any policy formed by management shall not to be interpreted, administered or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage and discipline employees in accordance with collective agreements and applicable administrative policies.
ARACS ensures organizations comply with the POSH Act by developing comprehensive sexual harassment policies, conducting training and awareness workshops, and forming and training Internal Complaints Committees (ICC). These services include establishing clear complaint handling procedures, providing support for victims, and conducting compliance audits. We ensure proper documentation and reporting as per legal requirements, fostering a safe, respectful, and legally compliant workplace environment.