What steps should I take if my employer violates the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, especially under Section 18?

Detailed Legal Analysis

If your employer violates the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, particularly under Section 18, you should take immediate steps to address the violation and seek redressal.

Section 18 of the Act mandates the establishment of an Internal Complaints Committee (ICC) by every employer with more than 10 employees. If the employer fails to comply with this provision or the committee does not act appropriately, the following steps can be taken:

• Document the Incident: Keep a detailed record of the incident(s) of harassment, including dates, times, locations, witnesses, and any communication related to the harassment.
• Report to the Internal Complaints Committee (ICC): If your workplace has an ICC, file a formal complaint with them. The complaint should be in writing and submitted within three months of the incident as per Section 9(2).
• File a Complaint with the Local District Officer: In case the employer fails to establish an ICC or does not address the complaint adequately, you can approach the District Officer. This is in accordance with Section 18(2) of the Act.
• Seek Assistance from NGOs: Many non-governmental organizations work on issues related to sexual harassment and can provide guidance and assistance in filing complaints and navigating the legal framework.
• File a Police Complaint: If the harassment escalates to criminal behavior, you can file a police complaint under Sections 354, 354A, or other relevant sections of the Indian Penal Code (IPC).
• Approach Labor Courts or Tribunals: If the internal mechanisms fail, you can seek legal recourse through labor courts or tribunals under the Industrial Disputes Act, 1947, or file a writ petition in the High Court.
• Consult a Lawyer: Engaging a lawyer who specializes in labor law can help you understand your rights and the best course of action to take based on the specifics of your case.

It is crucial to act promptly and not let the situation linger, as prolonged inaction may hinder your ability to seek justice. Remember, the Sexual Harassment of Women at Workplace Act is designed to protect your rights and ensure a safe working environment.