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.

 

 

 

 

 

Leave a Comment