Central Service Conduct Rules Revised

Deptt. Of Personnel and Training (DoPT), Govt. of India has recently revised the Central Service Conduct Rules ( Notified on Nov 19, 2014) making it clear that implied or explicit promise of preferential treatment or threat of detrimental treatment in employment and implied or explicit threat about present or future employment status would be considered Sexual Harassment.

Definition of ‘ Workplace’ expanded

The amended service rule notified by the Govt. of India on Nov. 19, 2014 also give an elaborate definition of ‘workplace’ to include any place visited by the women employee arising out of or during the course of employment, including transportation provided by the employer for undertaking the journey, will be considered a workplace and invite action under conduct rules if there is any sexual harassment there.

Lackadaisical approach to the SHWW law

Society for Prevention of Sexual Harassment of Women and Child Abuse (POSHCA) observes that there is just a half-hearted approach to the law pertaining to Sexual Harassment of Women at Workplace by all organizations. A survey reveals that though it has been a year since the Law was enacted by the Parliament and notified by the Govt. on Dec 9, 2013 replacing the Vishaka Guidelines issued by the Hon’ble Supreme Court of India, most of the organizations have yet to take measures to be fully compliant of this very important and noble piece of legislation despite the fact that the Law provides for severe penalties including cancellation of license to operate, for its non-compliance.

Did you know?

• Severe penalties for non-compliance including termination of license
• ICC must file a report to the District officer for the year ended on 31st Dec, 2014

CAUTION

While most of the organizations feel they are fully compliant of this law, the fact remains they are at best only partly compliant. Framing a corporate policy, amending service rules for the employees and constituting ICC (Internal Complaints Committee) amounts to only partial compliance. Thorough training of the ICC members about the rigours of law, their investigative and quasi-judicial functions, powers and obligations; educating and counseling all employees by holding regular seminars and training sessions; and timely filing of annual reports are some of the legally required tasks when accomplished would make the organization fully compliant. In fact, it is an on-going process and not just a one-time exercise.