CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
An Internal Committee at Kaveri Textiles holds that the allegation against a supervisor, Rohan, is proved. Rohan's service rules exist and treat sexual harassment as misconduct. What can the Committee recommend to the employer?
The Committee can recommend action for sexual harassment as misconduct under the service rules and a salary deduction, payable to the aggrieved woman or her legal heirs, notwithstanding those rules. It cannot recommend publicity or payment to the employer.
- AAction for sexual harassment as misconduct under the applicable service rules, and deduction from his salary of a sum payable to the aggrieved womanCorrect
- BOnly an advisory warning, since service rules override any salary deduction
- CReferral of the matter to the press so that other employees are warned
- DDeduction of salary payable to the employer as compensation for lost work hours
Explanation
Section 13(3) lets the Committee recommend action as misconduct under the service rules and deduction from the respondent's salary, notwithstanding the service rules, of a sum payable to the aggrieved woman or her legal heirs. The warning-only option is wrong because the deduction applies despite the service rules. Publicity to the press is barred by section 16.
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