The Sexual Harassment Act, 2013, which was passed to replace the Vishaka guidelines, imposes serious obligations on employers. Every organization where more than 10 people work is required to create sexual harassment policies, constitute complaints committees and perform numerous other compliances. Non-compliance can result in a fine of INR 50,000 or even shutting down of the business.
The End Sexual Harassment toolbox is a makes compliance extremely simple for employers and HR, and enables effective sensitization of the employees. HR can create customized policies, set up internal complaints committees and undertake capacity-building of the committee members with the help of the toolbox, and empower employees with a sensitization toolkit. Learning and progress can be monitored through a testing and certification system. It has been prepared after extensive discussions and help of several women's rights and business lawyers in India.
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End Sexual Harassment Toolbox
1. End Sexual Harassment Toolkit
A simplified method to comply with the new
anti-sexual harassment law
2. Sexual Harassment Law, 2013
• New law enacted replacing the Vishakha
guidelines
• Every branch/office/NGO/School or any place
employing more than 10 people has to comply
• Fine for non-compliance: INR 50,000
• Repeated violations can lead to shutting down
of organization
3. Key areas to ensure compliance
Creation of ICC -
Internal
complaints
committee
Sensitization of
employees
Capacity-building
of Internal
Complaint
Committee
members
Statutory
Compliance –
policy, notice,
annual reports
4. To make all compliances very easy
• We have created a toolbox which is accessible
on mobile and web
• End Sexual Harassment Toolbox = handbook
for HR + handbook for employees + training
and testing for employees + training for
internal complaints committee members +
checklists + every tool you need to comply
with laws
5. What do employees get?
• Under the law, the employer is obligated to train
the employees about Anti-Sexual Harassment
Law
• Training Modules created by top legal women’s
rights and business lawyers in India, including
easy to understand videos and text material
• In English and Hindi, on mobile and computer
screen
• They save a lot of time compared to attending
seminars.
6. • Employees learn about anti-sexual harassment
law and company policy
• They will attempt a test so that we can verify if
they actually learned what they need to know
• A certificate will be generated when they pass the
test
• They can now print out the certificate and submit
it to a manager/HR
7. Benefit to Employers from Testing
• You can track which employees are not learning, not
taking or failing the test.
• The certificate acts as legal proof that employees has
been sensitized effectively
• Employees can not claim ignorance of the policy later
• Employees can access it whenever in doubt! It is an
app inside their mobile.
8. Manager/ HR can use the toolbox to:
Create a sexual harassment policy using a ready-
made, customizable template
Set up an internal complaint committee
Get templates of statutory notices, employment
contract, order, settlement agreement, complaint
format, gender neutral versions, interim orders
Use our checklist which we keep updating to
ensure that the company is compliant to laws at
all time
Easily accomplish all reporting and annual filing
9. What does the Internal Complaints
Committee get?
• Capacity building training
• A guide book which is always available
• How to conduct investigation?
• How to follow the principles of natural justice, as
the law requires?
• How to consider evidence submitted by both
parties?
• Samples and templates of everything they need -
for issuing orders, notices etc.
10. Customization
• We can even customize the toolbox for you –
and add other policies you want to teach the
employees in your organisation
Such as – whistleblower policy, code of conduct, other
workplace related harassment
• Employees can access the training anytime, on
the go – from their mobile
11. Experts who have helped us in building this
Dr. Ranjana Kaul
Formerly with Delhi Commission
of Women and counsel for
Maharashtra Government at
Supreme Court
Sunila Awasthi
Corporate lawyer who has
worked on sexual harassment
issues for over a decade
(partner at AZB)
Prof. (Dr.) Mrinal Satish
was on the Verma Committee
and worked on gender-
sensitization for judges at the
National Judicial Academy
Sonal Mattoo
Helping Hands
Shwetasree Majumder
Founder, Fidus Law Chambers (was
on Verma Committee Panel)
We also thank Advocate ANISHA BANERJI, who has been practising at the Delhi High Court for about 17 years,
who has provided valuable inputs in the preparation of the sample documents, policies, notices and drafts.
13. 1 - Creation of ICC (including appointment of
external members)
An organization needs to constitute an ICC at every office, branch where more than
10 people (including part-time workers, interns, apprentices) work.
Under the law, multiple ICCs may be required to be
constituted, depending on the number of locations where
more than 10 people work.
- Having very few or no women workers is no exception.
- Lack of prior sexual harassment instances is also not an exception.
14. Identification of external members for ICC and
ensuring their participation in proceedings is
extremely difficult, especially across multiple
locations.
(There is a huge scarcity of persons who have necessary expertise on women’s
and who also appreciate organizational structure and objectives)
The toolbox provides:
Mechanisms for simplifying creation of multiple ICCs and participation
of external members in those committees
A reference list of experts who may be contacted
15. Employers are under a duty to train the committee.
Improper decisions can expose employers to
litigation. Capacity building on the following is
essential for good decision-making.
2 - Capacity building
What procedure should be followed in deciding a case?
What are the powers of the committee? What remedies can it
award? What criteria should be kept in mind while awarding a relief?
How should the committee detect complaints which are not
genuine? How can the risk of false complaints be minimized?
What are the best-practices for good decision-making?
16. The toolbox provides detailed
guidance on:
Decision-making procedures, timelines
How to decide complaints and take evidence
Identification of false complaints
Powers of the committee
Sample formats of summons, interim orders, decisions
What can be done if the defendant does not obey the summons
Case studies
17. 3 - Compliance requirements
The law imposes numerous compliance obligations
on employers, such as:
• Creation of anti-sexual harassment policies
• Display of notices at the workplace
• Filing annual reports
• Incorporating clauses in employment contracts
The toolkit contains sample formats for reports, notices, policies,
complaints, numerous checklists, employment contract clauses.
19. (Effective) Sensitization
Employers are under a duty to sensitize
employees.
Participation in workshops held by corporate trainers and consultants may not be
adequate to sensitize employees. Often, employee participation and engagement
is extremely weak. Retention is for a short period. At the time of facing a real
situation, they need a quick refresher.
Enactment of a formal statute against sexual harassment has made the nature of
the training more technical – trainers may not always have the necessary skillsets.
Handbooks are often not read or understood by employees. Declaration forms
stating that the policy has been read may have been signed without actually
comprehending its true meaning.
What if there is a simpler alternative? What if employees can be given a tool that
can be accessed by them any time and from any location?
20. The ESH Advantage
Sensitization kit with detailed video training, text and
flowcharts on:
- What constitutes sexual harassment
- What does not constitute sexual harassment
- Steps to be taken in case one faces sexual harassment
- Options if sexual harassment occurs in an interaction with a third-party, a client
representative or at another employer’s premises, at an office party, parking lot,
etc.
(with 24 x 7 access over web and mobile devices from any location)
Test + Certification for employees who clear the test
- HR can require certification as a mandatory prerequisite for performance review
21. Employees are sceptical about interaction with women colleagues due to the
risk of abuse of the law by unscrupulous employees and the serious
repercussions of this on their career.
HR managers are concerned about sentiments of male employees and a
‘suspicious’ environment at the workplace.
An obstacle to sensitization…
How can the balance be restored?
Inclusivity and ‘on-boarding’ of male employees is
crucial for effective sensitization.
22. The toolbox provides:
Gender-neutral framework that can be implemented by
organizations to protect male employees as well, guides
for men on what to do if they face sexual harassment at
workplace
Do’s and don’ts for men to minimize risk of sexual
harassment complaints
Guides on how to respond to malicious complaints
Hindi version is available for sensitization of staff
24. End Sexual Harassment Advantage - Summary
Capacity building
• Training material for decision-
making
• Gender-neutral implementation
guides
• How to detect false complaints
• Case studies
• Doubt-clearing with the help of
experts
• Sample decisions, orders and
summons and agreement drafts
Sensitization
• Highly simplified and
engaging video training
• Sensitization materials
accessible 24 x 7 on web and
android
• Practice questions
• Certification for sensitized
employees
• Hindi version available on
request
Compliance
• Training material
• Sample reports
• Notices
• Employment
clauses
• Checklists and
flowcharts for
ready reference
25. Other value-additions
State governments are expected to pass state-specific rules. The toolbox will
be updated with the latest developments through the year.
Doubt-clearance with experts
Situational examples and case studies, with more real-life case-studies and
simulations to be created as the law is implemented by different
organizations periodically.
Hindi version for sensitization is available
Gender-neutral version framework may be implemented by organizations for
better work environment