Law regarding consumption of alcohol during office hours Law regarding consumption of alcohol during office hours

2 months ago

My wife's employer frequently organizes office parties, disguised as meetings, off-site during regular work hours. During these gatherings, a few male executives often consume alcohol. On several occasions, even the HR department of the company is present. Female employees, including my wife, feel compelled to attend to safeguard their job security and performance evaluations. Is this practice compliant with the Indian Penal Code or Industrial Laws? Can I raise this issue with the Prevention of Sexual Harassment (POSH) committee on behalf of my wife?

Anik

Responded 2 months ago

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A.Dear Client,

Women experiencing sexual harassment at the workplace can file a complaint under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 with the Internal Complaints Committee (ICC) established by the employer, adhering to the Act's guidelines. Employers should establish clear reporting channels and ensure that employees understand the procedures for addressing harassment. Sexual harassment encompasses verbal, visual, and physical forms. Verbal harassment includes hostile or offensive communication like name-calling or derogatory comments. Visual harassment involves obscene gestures, offensive images, or suggestive movements. Physical harassment includes unwanted touching or intimidation. Complaints must align with these forms, and evidence should be presented to the ICC. False complaints may lead to consequences, including defamation suits, so seeking expert advice before filing a complaint is advisable.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Any woman facing sexual harassment at the workplace can register their complaint under Sec.9 of the Sexual Harassment of Women at Workplace(PP&R) Act 2013 before the ICC(Internal Complaints Committee) set up by the employer following the guidelines of the Act and Rules. Employers should create different reporting channels and ensure employees understand the procedures to follow in case someone becomes a victim of any form of harassment. Sexual harassment can take many forms and it is important to be aware of the different types of harassment so that you can protect yourself and those around you. There are three main types of harassment: verbal, visual, and physical. Verbal harassment is any kind of communication that is hostile, offensive, or derogatory and is directed at an individual or group. It can include name-calling, insults, put-downs, and degrading comments. Verbal examples of harassment are - Making derogatory comments or jokes about someone’s race, gender, religion, or other personal characteristics - Making rude or threatening remarks - Spreading rumors or gossip about someone - Sending offensive or abusive emails or text messages - Yelling or screaming at someone. Visual examples of harassment are - Making obscene gestures or faces - Posting offensive pictures or cartoons - Making suggestive or offensive movements with hands or body - Displaying offensive posters or graffiti, and physical examples are - Unwanted touching or groping - Unwelcome hugs or kisses - Spitting or throwing objects - Blocking someone’s path or pushing them - Making threatening gestures or physically intimidating someone. So, in case your complaint meets the aforesaid ingredients of three types of sexual harassment and you possess cogent evidence to prove your complaint before the ICC, then you can make a complaint, otherwise, the complainant may face the consequences for making a false complaint including the suit of defamation. So, it is advisable to have an expert opinion before filing a complaint of sexual harassment.
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