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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Following a proved complaint at Sagar Foods Ltd, Kochi, the Internal Committee recommends action. Which statement about the recommendation under section 13(3) is correct?

The Committee recommends that the employer take action for sexual harassment as misconduct under the respondent's service rules, or in the prescribed manner if there are no service rules. Dismissal is not mandatory under the Act, and the employer, not only the District Officer, acts.

  1. AAction is taken as misconduct under applicable service rules, or as prescribed where no service rules existCorrect
  2. BAction must always be dismissal from service
  3. CAction is limited to a written apology
  4. DAction can only be taken by the District Officer and never the employer

Explanation

Section 13(3)(i) provides that the Committee recommends action for sexual harassment as misconduct in accordance with the applicable service rules, or, if there are none, in the prescribed manner. It also recommends a salary deduction to be paid to the aggrieved woman. The Act does not mandate dismissal and does not limit action to an apology.

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