What is the legal remedy for workplace harassment?

Yurexa

What legal remedies are available to an employee who has experienced workplace harassment, and what steps can they take to report the harassment, seek protection, and pursue compensation or other relief under the applicable employment and labor laws?

Brenova

The legal remedy for workplace harassment in India depends on the nature of the harassment and the applicable laws. Employees have the right to seek protection and take legal action against harassment at the workplace.

Key points:

Report the incident internally: Inform your employer, Human Resources (HR) department, or the designated grievance committee about the harassment as soon as possible.
Sexual harassment complaints: If the harassment is sexual in nature, a complaint can be filed with the Internal Committee (IC) established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). If the organization does not have an Internal Committee or is covered under the Act's provisions, a complaint may be made to the appropriate Local Committee.
Collect evidence: Preserve emails, messages, recordings (where legally permissible), photographs, witness details, and any other evidence that supports your complaint.
Criminal action: If the harassment involves criminal offences such as assault, stalking, intimidation, or criminal intimidation, you may file a complaint with the police for appropriate legal action.
Employment remedies: Depending on the findings of the inquiry, disciplinary action may be taken against the offender, including warnings, suspension, termination, or other penalties as per the employer's policies and applicable law.
Civil remedies: In appropriate cases, the affected person may also seek compensation or other relief through the competent legal forum.