The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires an employer to set up an 'Internal

Complaints Committee' ("ICC") at each office or branch, of an organization employing at least 10 employees. The government is required to set up a 'Local Complaints Committees' ("LCC") at the district level to investigate complaints regarding sexual harassment from establishments where the ICC has not been constituted on account of the establishment having less than 10 employees or if the complaint is against the employer. Sexual harassment at workplace: Sexual harassment includes such unwelcome sexually determined behavior (direct or implied) as: a) physical contacts and advances b) sexually coloured remarks c) showing pornography

d) Any other sexual demands whether by words or actions Where any of these acts is committed in circumstances where under the victim of such conduct has a reasonable apprehension that in relation to the victims employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise. Such conduct comes under sexual harassment at workplace Complaint Mechanism:
a) All workplaces should have an appropriate complaints mechanism with a complaints committee,

special counsellor or other support services.

b) The complaints procedure must be time-bound. c) Confidentiality must be maintained. d) Complainants/witnesses should not experience victimisation/discrimination during the process.

Composition of the Complaints Committee: a) A Presiding Officer who shall be a woman employed at a senior level at the workplace, unless there is no senior women employee at the office or any other administrative unit. In that case the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation.

b) At least 2 members from amongst the employees either committed to cause of women or who have experience in social work or have legal knowledge. c) One member from a Non-Governmental organisation or association committed to the cause of women and familiar with the issues relating to sexual harassment. This member shall not be part of the employers enterprise. Provided that one-half of the total members must be women. d) not less than half of its member should be women. How to file Complaints: An aggrieved woman can make a complaint of sexual harassment in writing, within 3 months of the incident. The complaint should be made to the employers Internal Complaints Committee. An extension of a period 3 months can be granted to the woman if she, due to certain circumstances, is unable to file the complaint or is prevented from doing so. The definition of aggrieved woman, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.

After complaint has been filed: Interim Reliefs : The Sexual Harassment Act empowers the ICC and the LCC to recommend to the employer, at the request of the aggrieved employee, interim measures such as transfer of the aggrieved woman or the respondent to any other workplace; or granting leave to the aggrieved woman up to a period of 3 months in addition to her regular statutory/ contractual leave entitlement. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person-in-charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action If the complainant desires, the Internal Committee can take steps to conciliate or settle the matter but no monetary settlement is allowed in conciliation. Otherwise, the committee, armed with the powers of a civil court, has to initiate an inquiry in which it can examine witnesses or other employees under oath and ask for documents or other evidence. Both the complainant and the accused must get a hearing.

The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.