When is Employee Sensitization conducted in a Company under Sexual Harassment Law at Workplace

The effective implementation of the Sexual Harassment of Women at Workplace Act, 2013 depends on the extent to which the people it seeks to protect, are aware of the same. It is in furtherance of this desired awareness, that sensitization of employees by the employer is one of the duties laid down by the Act. While the law is vague on the issue of what exactly is to be done by employers, there are certain issues that they ought to deal with while conducting their employee sensitization programs.

The law is similarly vague on the issue of when or how often these sessions are to be conducted. Most organisations do not go much beyond a one-time orientation program regarding the existence of the legislation as well as the rights of the employees. Thus, the question of ‘When” with respect to employee sensitization under the Sexual Harassment of Women at Workplace Act, 2013 is a vital one that is to be answered.

What the Law lays down

According to the Sexual Harassment of Women at Workplace Act, 2013, employers have the duty to conduct workshops and awareness programs as part of employee sensitization. The element of “when” they are to take place is addressed in the phrase “regular intervals”. This leaves a large amount of ambiguity regarding the frequency of such programs.

What Companies are doing

While the law does give the organisation a fair amount of discretion regarding the intervals at which the sensitization programs are to be carried out, the practices differ from office to office. A majority of organisations merely conduct a session dealing with the rights that are to be protected and the mechanisms in place for the same.

However, they seldom follow through on the same. Even in the cases where subsequent sessions are conducted, these sessions deal with the earlier content, and merely serve the purpose of a refresher. While the current practices cannot be faulted under the law, they are far from ideal and are not what ought to be done by the organisations.

Sensitizing employees regarding issues pertaining to sexual harassment at the workplace is an important duty of the employer, which is especially vital when a new employee joins the company. The sensitization does not, however, go beyond a mere clause in the employment. Even so, the employee is simply informed of the law that is in place to deal with issues of sexual harassment. Details of the ICC as constituted in the organisation, as well as the proper procedure regarding the complaints, is usually ignored in such cases, leaving the task of employee sensitization being fulfilled by law, but only partially effective in real life.

What Companies ought to do

There is no denying that an introduction to the provisions of the Act, as well as the details of the redressal mechanisms for the enforcement of the same are vital.

However, this becomes an issue where the organisations stick to the same content, merely refreshing it at intervals.

What is required of the organisation is for them to utilise the very many potential mediums for employee sensitization such as printed circulars, emails, offline activities, online sessions etc. in order for their employees to constantly be reminded that they are in a safe workplace. Should this safety be breached, the employee should also be aware of the correct procedure that is to be followed in such cases. Further, they should know of the ICC that has been constituted in their organisation as well as the procedure and powers regarding it.

In order to ensure that such level of awareness is present in their employees, organisations would be required to conduct sessions for the same on a regular basis.

Due to the lack of a fixed interval laid down by the law, most organisations conduct their sessions on an annual basis. However, an interval of one year is far too long, as employees do not retain such information for that long a duration, in most cases. In order to ensure that employees are genuinely sensitized regarding issues of sexual harassment, organisations ought to conduct sessions/activities no lesser than twice a month.

Often, the sessions conducted by organisations are identical, which helps the companies in saving time and resources. However, such practices usually result in incomplete sensitization as the gaps in information are never addressed. Further, a common misconception that exists is the belief that organisations have, which is that they equate employee sensitization with “making employees aware of their rights”.

While doing so is an indispensable part of sensitization, there are further issues that require to be dealt with. Once the employees are made aware of their rights and the mechanism in place to protect them, repeating the same would be of little use. The best practice for organisations in such cases would be for them to extend the scope of their sessions to include issues that are at the core of sexual harassment, such as gender diversity and discrimination. Thus, employee sensitization does not have to be restricted to merely informing the employees of the rights that are available to them.

The ideal, in this case, is for organisations to first introduce the employees to the existing legal framework as well as the redressal mechanisms that are in place to ensure the protection of their rights. However, organisations should also address the issues that lead to complaints of sexual harassment and gender discrimination. In order to do so effectively, organisations ought to conduct sensitization for their employees on a far more regular basis. Although the issues being dealt with may not be directly related to the Sexual Harassment of Women at Workplace Act, 2013, they are instrumental in ensuring that the sensitization of the employees is a holistic process. By conducting employee sensitization programs at the appropriate intervals, organisations will be able to maximise on the benefits of ensuring that the employees are aware of their rights, as well as addressing the cause of such problems.

Conclusion

Although the law merely requires that employee sensitization occur at regular intervals, sporadic sessions conducted by employers where they deal with the same issues repeatedly is not the most effective manner in which to conduct such programs.

However, if organisations take active steps to ensure that the cases once arising are properly disposed of, as well as ensure that steps are taken to address the cause of such instances, the sensitization would be much more effective.

What is essential is that organisations recognise that the sensitization sessions go beyond basic awareness regarding the law. Workplaces also ought to address the causes of such complaints. In order to do this, it is necessary for sensitization sessions to be conducted on a regular basis, no fewer than twice a month. The aim that all workplaces should strive for is that the employees are not only aware of their rights under the Act, but also have the right perception. And to ensure this, it is necessary for sensitization sessions not to be too far apart, and to focus on the right issues at the right times.

Author: This post has been submitted by Rohit Iyengar, as part of his assignment with Ungender Insights. Rohit Iyengar is currently a student of NALSAR University of Law, Hyderabad.