Workplace harassment is a serious concern affecting employees across various industries in Chandigarh. It includes sexual harassment, bullying, discrimination, and mental harassment, creating a toxic work environment. In India, workplace harassment is governed by several legal provisions, including the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Bharatiya Nyaya Sanhita (BNS) 2023, and the Industrial Disputes Act, 1947.

Understanding workplace harassment laws is crucial for employees and employers to ensure a safe and respectful work environment. This article will explore the types of workplace harassment, legal protections, steps to file a complaint, and the role of corporate lawyers in Chandigarh and Tricity lawyers in handling such cases.

Understanding Workplace Harassment

What is Workplace Harassment?

Workplace harassment refers to unwelcome behavior that causes discomfort, discrimination, or intimidation at the workplace. It includes verbal abuse, physical intimidation, sexual harassment, psychological pressure, and discriminatory actions that affect an employee’s well-being.

Types of Workplace Harassment

1. Sexual Harassment

Sexual harassment is one of the most reported forms of workplace harassment in Chandigarh. It includes:

  • Unwanted physical contact or advances
  • Demand for sexual favors
  • Lewd comments, jokes, or gestures
  • Displaying obscene materials
  • Online harassment through messages or emails

Relevant Legal Provisions:

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • Section 75 BNS (Sexual Harassment) – Punishable with imprisonment up to 3 years
  • Section 79 BNS (Outraging Modesty of a Woman) – Punishable with imprisonment up to 3 years

2. Discrimination-Based Harassment

Employees facing discrimination based on gender, caste, religion, disability, or marital status may experience workplace harassment. Discriminatory practices violate constitutional rights and employment laws.

Relevant Legal Provisions:

  • Article 14 of the Indian Constitution – Right to Equality
  • Article 15 of the Indian Constitution – Prohibits discrimination based on religion, race, caste, sex, or place of birth
  • The Equal Remuneration Act, 1976 – Ensures equal pay for men and women

3. Psychological and Emotional Harassment

Psychological harassment includes verbal abuse, intimidation, humiliation, and undue work pressure that affects an employee’s mental health. Examples include:

  • Public shaming in front of colleagues
  • Unreasonable deadlines and excessive workload
  • Frequent criticism without justification
  • Intentional exclusion from meetings or projects

Relevant Legal Provisions:

4. Retaliation and Victimization

Employees who report harassment may face retaliation, such as demotion, salary cuts, unfair transfers, or termination. Retaliation against whistleblowers is illegal under Indian labor laws.

Relevant Legal Provisions:

Legal Framework for Workplace Harassment in Chandigarh

Several laws and regulations address workplace harassment, ensuring employees’ safety.

1. The Sexual Harassment of Women at Workplace Act, 2013

  • Requires employers to set up an Internal Complaints Committee (ICC)
  • Applies to government and private sector offices, educational institutions, hospitals, and NGOs
  • Covers both verbal and non-verbal harassment
  • Employers failing to implement this law may face penalties up to ₹50,000

2. The Bharatiya Nyaya Sanhita (BNS), 2023

Sections under BNS dealing with workplace harassment include:

  • Section 75 – Sexual harassment (Punishable with up to 3 years imprisonment)
  • Section 79 – Insulting the modesty of a woman
  • Section 351(1) – Criminal intimidation

3. The Equal Remuneration Act, 1976

  • Mandates equal pay for men and women for the same work
  • Prohibits gender discrimination in wages and employment opportunities

4. The Industrial Disputes Act, 1947

  • Provides protection against unjust termination
  • Ensures fair labor practices for employees

5. The Mental Health Care Act, 2017

  • Recognizes workplace-induced stress and depression as mental health issues
  • Employers must provide a safe mental health environment

How to Report Workplace Harassment in Chandigarh?

Step 1: Report the Harassment to the Internal Complaints Committee (ICC)

  • Every workplace with 10 or more employees must have an ICC under the Sexual Harassment Act, 2013.
  • Complaints must be filed within 3 months of the incident.

Step 2: Lodge a Police Complaint

  • If the harassment involves sexual offenses, criminal intimidation, or violence, file an FIR under BNS Sections 75, 79, or 351(1).
  • Criminal lawyers in Chandigarh can assist in drafting the complaint.

Step 3: Seek Legal Action in Labor Courts

  • Employees facing wrongful termination or retaliation can file a complaint with the Labor Commissioner’s Office.
  • Corporate lawyers in Chandigarh specialize in employment law and can represent employees in legal proceedings.

Step 4: File a Civil Lawsuit

  • Victims can claim monetary compensation for damages caused by harassment.
  • Corporate advocates in Chandigarh can help employees file civil cases for damages.

Step 5: Approach the High Court

Workplace harassment is a serious issue that requires strict legal enforcement and proactive workplace policies. Corporate lawyers in Chandigarh, corporate advocates in Chandigarh and and Tricity lawyers play a crucial role in protecting employee rights and ensuring a safe work environment. If you experience harassment, know your legal rights and take immediate action to seek justice.

FAQs on Workplace Harassment in Chandigarh

1. What is the legal definition of workplace harassment in India?

Workplace harassment is any unwelcome behavior, act, or conduct that causes discomfort, discrimination, intimidation, or hostility in the workplace. It includes:

  • Sexual harassment (physical advances, lewd comments, demands for sexual favors, online harassment)
  • Discrimination-based harassment (unfair treatment based on gender, caste, religion, disability, or marital status)
  • Psychological and emotional harassment (verbal abuse, bullying, exclusion, excessive workload)
  • Retaliation and victimization (penalizing an employee for reporting misconduct)

Legal provisions governing workplace harassment in India include:

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • The Bharatiya Nyaya Sanhita (BNS), 2023 (Sections 75, 79, 351(1))
  • The Industrial Disputes Act, 1947
  • The Equal Remuneration Act, 1976
  • The Mental Healthcare Act, 2017

2. How can I file a complaint against workplace harassment in Chandigarh?

If you are facing harassment at your workplace, follow these legal steps:

Step 1: Report to the Internal Complaints Committee (ICC)

  • Every organization with 10 or more employees is legally required to establish an Internal Complaints Committee (ICC) under the Sexual Harassment Act, 2013.
  • File a written complaint within 3 months of the incident.
  • The ICC will investigate the complaint and recommend appropriate actions within 90 days.

Step 2: File a Police Complaint (FIR)

  • If the harassment involves criminal behavior (sexual harassment, intimidation, threats), you can lodge an FIR at your local police station.
  • Relevant legal provisions under BNS 2023:
    • Section 75 – Sexual harassment (punishable with up to 3 years imprisonment)
    • Section 79 – Outraging the modesty of a woman
    • Section 351(1) – Criminal intimidation

Step 3: Approach the Labor Commissioner’s Office

  • If you face wrongful termination, demotion, or retaliation, you can file a complaint with the Labor Commissioner in Chandigarh.
  • Corporate lawyers in Chandigarh can assist you in navigating labor laws.

Step 4: File a Civil Lawsuit for Compensation

  • Employees can sue for mental distress, financial loss, and damages caused by workplace harassment.
  • Corporate advocates in Chandigarh can guide you in seeking monetary compensation from the employer or harasser.

Step 5: Appeal to the Punjab and Haryana High Court

  • If lower legal remedies do not provide justice, victims can file a writ petition in the High Court under Article 21 (Right to Life and Personal Liberty) of the Constitution.

3. What is the penalty for workplace harassment under Indian law?

The legal consequences of workplace harassment vary depending on the severity of the offense:

  1. For Sexual Harassment
  • Punishable under Section 75 of BNS, 2023
  • Imprisonment of up to 3 years or fine or both
  1. For Discrimination and Unfair Treatment
  • Violation of Article 14 & 15 (Right to Equality) of the Constitution
  • Employers can face legal action under the Equal Remuneration Act, 1976
  1.  For Retaliation Against Whistleblowers
  • Protected under the Whistle Blowers Protection Act, 2014
  • Employers penalized for unfair dismissal, salary cuts, or demotion
  1. For Employers Who Fail to Form an ICC
  • Fine of ₹50,000 under the Sexual Harassment Act, 2013
  • Repeated violations can lead to cancellation of business licenses
  1.  For Wrongful Termination Due to Harassment
  • Compensation and reinstatement under the Industrial Disputes Act, 1947
  • Labor court intervention to restore employee rights

4. Can men file workplace harassment complaints in India?

Yes. While the Sexual Harassment of Women at Workplace Act, 2013 primarily focuses on protecting women, men can also report workplace harassment under other legal provisions:

  • Bharatiya Nyaya Sanhita (BNS), 2023 – Protects all employees against sexual harassment, intimidation, and bullying.
  • The Industrial Disputes Act, 1947 – Covers unfair termination or workplace harassment.
  • The Mental Healthcare Act, 2017 – Protects employees from workplace-induced stress and emotional abuse.
  • The BNS 2023 – Provides protection against physical assault, threats, and defamation.

If a male employee is harassed, he can:

  • Report to the HR Department or ICC if the organization has gender-neutral policies.
  • File a complaint under criminal law (for intimidation, abuse, threats, etc.).
  • Seek legal counsel from corporate lawyers in Chandigarh for guidance.

5. Can an employer be held liable for workplace harassment?

Yes. Employers have a legal duty to prevent and address harassment in the workplace. Under Indian law, employers can be held liable in the following situations:

  1. Failure to Establish an Internal Complaints Committee (ICC)
  • Fine of ₹50,000 (for first offense)
  • Repeated violations can lead to higher penalties and business license suspension
  1. Ignoring Harassment Complaints
  • If an employer fails to act on harassment complaints, the organization may face legal action from the affected employee.
  • Employees can approach labor courts for justice.
  1. Creating a Hostile Work Environment
  • Employers can be sued for damages if workplace policies do not protect employees from discrimination or harassment.
  1. Retaliation Against Employees Who Complain
  • Under the Whistle Blowers Protection Act, 2014, any employer found retaliating against an employee for filing a complaint may face legal penalties, compensation claims, or labor court action.

6. How can corporate lawyers in Chandigarh help in workplace harassment cases?

Corporate lawyers and employment law specialists in Chandigarh play a crucial role in protecting employee rights. Their services include:

  • Drafting & Reviewing Workplace Policies – Ensuring companies comply with the Sexual Harassment Act, labor laws, and corporate regulations.
  • Filing Complaints & Legal Representation – Assisting employees in filing ICC complaints, FIRs, labor court cases, or civil lawsuits.
  • Mediation & Workplace Negotiation – Representing employees in settlement discussions with employers.
  • High Court Appeals – Assisting in writ petitions and appeals for cases not resolved at lower levels.
  • Providing Legal Consultation – Advising employees and employers on rights, legal steps, and corporate responsibilities.