PRESENTED TO :- Mrs.

Rumit Kaur
PRESENTED BY :- Harpreet Kaur
 HR managers have a big role in shaping how a company grows. Right from
recruiting, inducting, training and development and later to performance
assessment and grievance resolution, they are responsible for performance,
retention and satisfaction level of employees.
 Law has a very important role to play in what any HR manager does in a day,
though it may not be always apparent. For instance, hiring is accompanied by
contracts and possible negotiation.
 Firing may require one to follow provisions of different contracts, ensure that
any intellectual property created by an employee or a consultant is protected
and secured in favor of the company and that proper disciplinary proceedings
took place if someone is being fired for a breach in the code of conduct, sexual
harassment etc

 Many HR managers perform these tasks without having any inkling about the
legal underpinnings of these functions, especially at a junior level. This can be
quite risky from the company’s perspective.
 SEXUAL
HARASSMENT
ACT,2013
 A “women’s thing”
 A passing fad
 Something to joke about
 Something to be ignored
 A cause for paranoia and fear
 It’s a legal requirement to prevent, prohibit and
address this issue at “Workplace
 Sexual harassment is bullying or coercian of a sexual
nature, or the unwelcome or inappropriate promise of
rewards in exchange for sexual favors. In most modern
legal contexts, sexual harassment is illegal.

 Sexual harassment is gross violation of women’s right

to equality and dignity
 SEXUAL HARASSMENT
(Sec 2(n) of the Act)
 Sexual Harassment includes any one or
more of the following unwelcome acts or
behavior (whether directly or by
implication) namely :
 physical contact and advances; or
 a demand or request for sexual favour; or
 sexually colored remarks; or
 showing pornography; or
 other offensive or derogatory pictures,
cartoons; or
 any other unwelcome physical, verbal or
non-verbal conduct of sexual nature.
 Following acts when in relation to behavior of Sexual
Harassment may amount to sexual harassment
 implied or explicit promise of preferential treatment in her
employment; or
 implied or explicit threat of detrimental treatment in her
employment: or
 implied or explicit threat about her present or future
employment status; or
 interference with her work or creating an intimidating or
offensive or hostile work environment for her; or
 Humiliating treatment likely to affect her health or safety.
 SEXUAL ADVACES

 UNSAVOURY REMARKS
 Jokes causing or likely to cause awkwardness or
embarrassment

 Innuendos and taunts

 Gender based insults or sexist remarks

 Unwelcome sexual overtones in any manner

Assault or use of criminal force to woman with
intent to disrobe1
Any man who assaults or uses criminal force to any
woman or abets such act with the intention of disrobing
or compelling her to be naked,

shall be punished with imprisonment of either

description for a term which shall not be less than three
years but which may extend to seven years, and shall also
be liable to fine.
Any man who watches, or captures the image of a woman
engaging in a private act in circumstances where she would
usually have the expectation of not being observed either
by the perpetrator or by any other person at the behest of
the perpetrator or disseminates such image shall be
punished on first conviction with imprisonment of either
description for a term which shall not be less than one year,
but which may extend to three years, and shall also be
liable to fine, and be punished on a second or subsequent
conviction, with imprisonment of either description for a
term which shall not be less than three years, but which
may extend to seven years, and shall also be liable to fine.
 Who is responsible and accountable for prevention?

 What is the role of workplace in prohibiting and how?

“The Employer shall create a workplace free of

sexual harassment”
Every employer shall--
(a) Provide a safe working environment at the workplace which shall
include safety from the persons coming into contact at the workplace;
(a) Display at any conspicuous place in the workplace, the penal
consequences of sexual harassments: and the order constituting, the
Internal Committee under this law;
(b)Organize workshops and awareness programmes at regular intervals
for sensitizing 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;
(c) 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;
prevent or deter the committing of any act of Sexual
Harassment by means of
 Creation of appropriate working conditions
 Ensuring female employees are not treated as sex objects
 Ensuring that no male employee or third party will outrage or insult
the modesty of a female colleague
 Ensuring that no male employee or third party will make any type of
sexual advances to female colleagues
 Establishment of a Complaints Committee
Historical Context
 Earliest concept of gratuity, came with Working Journalists
(Conditions of service) & Misc. Prov. Act 1952 – still in use
 A few State Govt. started enacting legislations providing
for Gratuity ▬ Kerala Industrial Employees Payment of
Gratuity Act 1970 ▬ West Bengal Employees’ Payment of
Compulsory Gratuity Act 1971. ▬ Even some labour courts
had awarded Gratuity awards.
 Central Govt. promulgated Payment of Gratuity Act in
1972
 Every factory, mine, oilfield, plantation or port and railway
company. In case of plantation & ports in J&K it will not be
applicable.
 Shops & Establishments as specified by the State Govt.
employing more than 10 persons
 Any other class of Shops & Establishments employing
more than 10 persons specified by central Govt. Using this
power, central Govt. has made Act applicable to
▬ all educational institutions employing 10 or more
employees
▬ all registered trusts & societies employing 10 or more
persons (this has since been confirmed by a court decision)
– Even temples are covered (Jagannath Temple Puri - 1992)
 Govt. can issue exemption certificate, where it is
proved that establishment has a scheme which is not
in any way less favourable than this scheme
 Panchayat’s, local bodies not covered.
 In fact a court case of MCD stated that it was covered,
subsequently in 2005 Govt. issued notification
exempting such bodies
Eligibility

 Gratuity is payable to an employee who at the termination

of employment has served 5 years’ of continuous service.
 Termination could be due to superannuation, retirement,
resignation or even removal. However if a person is
removed on grounds of theft, fraud, dishonesty, behaviour
amounting to moral turpitude (assault, rape, sexual abuse,
etc.), then Gratuity can be withheld.
 5 years’ service condition not applicable in case of death /
disablement due to accident / disease.
Continuous Service

 Absence from duty because of sickness, accident, leave,

layoff or strike, lockout, stoppage of work for which the
employee is not at fault will not be considered to be an
interruption or break in service.
 Employee has put in 240 days' work in 12 calendar months
preceding the date of calculation, or 190 days if the
establishment works less than 6 days a week or the
employee works below ground in a mine
 Employees in a seasonal establishment need to work for
minimum of 75 per cent of the required attendance
 15 days wages for every completed year.
 A month to comprise of 26 days.
 Formula : (Basic + DA ) of last drawn salary x 15/26 x
No. of years completed service
 Maximum Gratuity payable is Rs 10 lakh’s (S. 4(3))
 Tax exemption up-to max. amount is exempted from
tax
 Time served with an employer cannot be transferred to
another employer. Confirmed by courts NS Krishna vs
BHEL (1995)
 Section 4A authorises central Govt to make it compulsory
to buy an insurance policy in this regard. However Govt has
not used this power so far
 Generally employers have started subscribibg to LIC policy
in this regard
 All employees covered irrespective of their salary level.
 This entitlement is irespective whether employer is in
profits / losses.
 In case of dispute, employer will need to deposit gratuity
payable with relevant labour authority.