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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

Ritu, an employee of Shanti Foods Ltd, was harassed by a visiting vendor's representative on the company's premises. Ritu wishes the matter to be pursued against the vendor's representative. What is the employer's duty under the Act?

The employer must cause action to be initiated against the perpetrator under the Indian Penal Code or other applicable law, where the woman so desires and the perpetrator is not an employee, at the workplace where the incident took place. Being a non-employee does not remove the employer's duty.

  1. ANone, because the perpetrator is not an employee of the company
  2. BTo cause action to be initiated against the perpetrator under the relevant law, if the aggrieved woman so desires, at the workplace where the incident took placeCorrect
  3. CTo terminate the vendor's contract automatically without any inquiry
  4. DTo treat the incident as misconduct under the vendor's service rules

Explanation

Section 19(h) requires the employer to cause action to be initiated against the perpetrator under the Indian Penal Code or other law, or, where the perpetrator is not an employee and the woman so desires, at the workplace where the incident occurred. Section 19(a) also covers safety from persons coming into contact at the workplace. Automatic termination is not provided.

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