Workplace conflicts and harassments in India

Like in many other nations, workplace harassment and disagreements are major problems in India. Concern over the frequency of bullying and harassment at work has grown, especially when it comes to remote employment. The principal law pertaining to workplace harassment in India is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also referred to as the PoSH Act. This law requires employers with 10 or more employees to provide sexual harassment training to their staff members and to set up internal committees to resolve complaints. Any unwanted, sexually motivated physical, verbal, or nonverbal behaviour is considered sexual harassment under the Act. Furthermore, it has been shown that workplace bullying is a widespread problem, with a sizable portion of the Indian workforce reporting instances of bullying, including persistent. Furthermore, a large portion of the Indian workforce has reported experiencing workplace bullying, which includes things like unjustified job loss, persistent criticism, and comments that are ignored. Bullying has been shown to be a widespread problem in the workplace. It is recommended that employers treat workplace dispute and harassment seriously because unresolved concerns can result in increased absenteeism, emotional distress, and legal ramifications. As a result, it is crucial that businesses create and implement policies regarding workplace conflicts as well as deal with them quickly and skillfully.

Forms of Workplace harassment

Workplace harassment can take many forms in India.  Some of the most common types of workplace harassment may be as following:

1. Verbal harassment is the term used to describe insulting, humiliating, or threatening spoken or written communication. It can include crude jokes, improper statements, and critical remarks.
2. Physical harassment: This might take the form of assaults, threats, or actual attacks. It may involve acts of violence at work, such pushing or striking.
3. Psychological harassment is defined as actions taken with the ill- intention of causing emotional or mental distress to a person. It might involve personal humiliation, ostracising actions, and intimidating techniques.
4. Harassment that is motivated by a person’s protected class—such as their colour, gender, sexual orientation, or religion—is referred to as discriminatory harassment. It can encompass harassment based on race, gender, or religion.
5. Sexual harassment is the term used to describe unwelcome sexual advances, actions, remarks, or behaviour. It can involve making inappropriate sexual gestures or touchings, exchanging sexually suggestive images or posters, and making sexual remarks.
6. Bullying in the remote workplace: This refers to harassment that workers endure when working remotely. Micromanagement, loneliness, and cyberbullying are some examples of it.

It’s crucial to remember that workplace harassment can take many subtle, complex forms that defy easy categorization under the law. Furthermore, it can be difficult to support allegations of harassment because the burden of proof frequently rests with the victim, particularly in cases where verbal or psychological abuse is involved. As such, it is critical to identify and deal with workplace harassment in a timely and efficient manner.

Steps to take when reporting workplace harassment

The following steps are usually involved in India’s workplace harassment reporting process:

1. Report the harassment: If there is a chance, the victim should file a report of the harassment with the Internal Complaints Committee (ICC) or the company.
2. Make a formal complaint: The victim may make a formal complaint with the ICC if the harassment continues or if the employer does not act appropriately.
3. Speak with the police or labour authorities: Depending on the type and intensity of the harassment, the victim may contact the police or labour authorities if their complaint is not addressed at work.
4. File a criminal complaint or civil lawsuit: In severe circumstances, victims may choose to file a criminal complaint or civil lawsuit in accordance with the applicable provisions of the Indian Penal Code.
5. Contact legal counsel: In order to make sure that the required procedures are followed and to comprehend the legal choices available, it is important that the victim contact legal counsel.

Note- In order to ensure that workers can operate in a respectful and safe environment, it is crucial that victims of workplace harassment are aware of these procedures and take the necessary measures to address and prevent such harassment.

In India, the following procedures must be followed in order to file a complaint with the Local Complaints Committee (LCC):

1. Determine the LCC: The district-level committee called the LCC is in charge of accepting, looking into, and handling sexual harassment allegations. In a district, the District Officer is in charge of assembling the LCC.
2. Get the complaint ready: The victim ought to draft a formal complaint outlining the harassing episode, the harasser’s name, and any supporting documentation. Within three months of the incident, the complaint must be filed with the LCC.
3. Send in the grievance: The victim has two options for filing a complaint: in person or via registered mail. After receiving the complaint, the LCC has ninety days to finish the investigation.
4. Inquiry & Investigation: The LCC will look into the complaint; witness and victim interviews may be part of this investigation. The victim may also be asked for more details or proof by the LCC.Report: Within ten days of receiving the complaint, the LCC will provide the employer with a report. Based on the results of the inquiry, the report will suggest to the employer the necessary course of action.
5. Redress: In the event that the LCC considers the accused guilty, it may suggest disciplinary measures such job termination, demotion, or suspension. After obtaining the report, the employer has sixty days to take the suggested actions.
   It’s critical that those who experience harassment at work understand these procedures and take the necessary action to deal with and stop harassment of this kind.

Legal consequences for employers who fail to address workplace harassment in India

In India, employers that ignore harassment at work risk legal repercussions. If found guilty of sexual harassment, employers are required by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to take appropriate disciplinary action against the accused, which can vary from a warning to termination. In addition, the law specifies a penalty for breaking it, which might include fines and even jail time. Employers who neglect to uphold a polite and safe workplace may also be subject to legal action and financial penalties. In addition, discrimination on the grounds of religion, race, caste, sex, or place of birth is forbidden by law and is explicitly forbidden by the Indian Constitution. Consequently, in order to avoid and handle workplace harassment, businesses must take the issue seriously and put in place the necessary rules and processes.

If False and revengeful allegations against Employer

Those who accuse someone else of harassing them at work in India may be subject to legal repercussions. The following are possible repercussions for making false accusations:

1. Penalties under Indian Penal Code Section 200: If a complainant files false charges against someone, they may face penalties under Section 200 of the Indian Penal Code.
2. Defamation lawsuit: A party that has been wronged by false accusations may file a defamation lawsuit in order to recover damages for the harm done to their reputation.
3. Legal action under the Indian Penal Code: To defend themselves and preserve their reputation, victims of false accusations may file a lawsuit under Sections 354A, 499, 500, and 211 of the Indian Penal Code.
4. Action by the Internal Complaints Committee (ICC): The ICC has the authority to take action against the complainant if it is determined that the complaint was made with malice and is not true.

It’s crucial to remember that making up claims of workplace harassment can have negative effects on one’s reputation and legal standing. As a result, it is crucial that people handle these situations with honesty and integrity, and that employers make sure that every complaint is fairly and thoroughly investigated. Please note new criminal laws shall be applicable as applicable wherever Indian Penal Code sections has been mentioned we.f July 01, 2024.