new-wage-code-bars-bonus-for-those-facing-sex-abuse-charges-summary

Context: There is a Provision in the new Wages Code which says those indulging in sexual harassment of any form could run the risk of losing out on bonus dues from their employers.

More on the news: The new Wages Code is expected to become operational once the government notifies the rules.

Provisions against sexual harassment in the new wage code

  • The new wage code includes ‘conviction for sexual harassment’ as a ground for denying bonus payouts to employees.
    • As per the current law, bonus dues are barred only in case of employees dismissed for fraud, violent conduct, and theft, or sabotage.
  • Additional Deterrent: This serves as an additional deterrent apart from the Prevention of Sexual Harassment (PoSH) law of 2013.

Sexual Harassment (Prevention, Prohibition and Redressal) At the workplace act, 2013

  • It widens the definition of ‘aggrieved woman’ to include all women, irrespective of age and employment status, and it covers clients, customers and domestic workers.
  • It expands ‘workplace’ beyond traditional offices to include all kinds of organisations across sectors, even non-traditional workplaces (for example those that involve telecommuting) and places visited by employees for work.
  • It mandates the constitution of the internal complaint committee (ICC) in case of more than 10 workers — and states the action to be taken if an ICC is not formed — and the filing of an audit report of the number of complaints and action taken at the end of the year.
  • In case the number of workers is less than 10, it mandates the constitution of the Local complaints committee.
  • It lists the duties of the employer, like organising regular workshops and awareness programmes to educate employees about the Act.
  • If the employer fails to constitute an ICC, or does not abide by any other provision, they must pay a fine of up to ₹50,000. 
    • If the offender is a repeat offender, the fine gets doubled. 
    • The second offence can also lead to cancellation or non-renewal of his licence.

Image Source: TH

 

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Q. The modifications in the wages code is expected to help tackle the problem of sexual harassment at workplace. Comment (250 words)