New Delhi: Paid leave of up to 90 days can be given to a woman government employee who has complained of sexual harassment at her workplace while the inquiry is pending, Union Minister Jitendra Singh today said.

In a written reply to the Rajya Sabha, he said leave up to a period of 90 days may be granted to an aggrieved female government servant during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The leave granted shall not be debited against the leave account, said Singh, who is the Minister of State for Personnel, Public Grievances and Pensions.

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“It is obligatory for the employers of any business, trade, industrial undertakings or any other establishments of the areas under the Assembly segments to grant paid holiday on respective days to their workmen,” a government statement said.

Polling to 294 assembly seats will be held in six phases beginning April 4. The last polling day is May 5.

An exemption to the above holiday has however been granted to fuelling stations.

“The Governor has exempted all classes of petrol and diesel pumps (filling stations) situated within the areas of the Assembly constituencies,” a statement said.

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New Delhi:Those hiring a full-time domestic help may soon have to pay them a minimum salary of Rs 9,000 per month, compulsory paid leave of 15 days a year, and maternity leave to boot.

To safeguard the interest of domestic workers, the NDA government is readying a national policy incorporating these features, besides a host of benefits, including social security cover and provisions against sexual harassment and bonded labour.

The ‘National Policy for Domestic Workers’ is likely to be presented before the Union Cabinet soon.

Domestic servants, who stare at an uncertain future when they grow weak with age and are thrown out of their job, will now have the cushion of a social security scheme under which the employer will have a mandatory contribution.

The policy envisages the right to domestic helps to pursue education, a safe work environment and a mechanism for redress of their grievances.

Workers and employers will also have the right to form groups and engage with each other for ‘collective bargaining’.

A draft note in this regard, prepared by the Director General Labour Welfare (DGLW), was submitted to Labour Minister Bandaru Dattatreya last week.

“The Domestic Workers Policy has to be framed. Domestic workers are also subjected to exploitation and therefore the welfare and protection of domestic labour force is very important,” Dattatreya told PTI.

“The policy framework is on par with the standards of the International Labour Organisation. India has adopted the ILO convention on domestic workers and therefore we have to make a policy for this segment of the society,” he said.

Once the policy takes effect, it will be mandatory for the employer, the employee and the intermediary agency that connects the two, to enter into a tripartite agreement, which will have legal sanctity.

The draft policy recommends minimum monthly wage for unskilled, semi-skilled, skilled and highly-skilled categories of the domestic workers.

“Highly-skilled and those giving full-time service should be eligible to get a salary of at least Rs 9,000 per month,” an official said, adding the policy seeks to empower domestic workers by making this large workforce a services industry over time.

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Instructions have been issued by this Department vide Office Memorandum dated 27.11.2014 regarding Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. As per para 6 of the said Office Memorandum, the Complaint Committee will have the powers to recommend to the employer (a) to transfer the aggrieved woman or the charged officer to any other workplace; or (b) to grant leave to the aggrieved woman up to a period of three months, which will be in addition to the leave she would be otherwise entitled to.

As per Section 9 of Chapter IV of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.

The Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri P.Nagarajan and Shri B. Vinod Kumar in the Lok Sabha today.

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New Delhi: A complainant in sexual harassment case will be allowed three months paid leave and she or the charged central government employee can be transferred to other department during the inquiry, according to Office Memorandum F.No.11013/2/2014-Estt (A-II1) dated July 16, issued by the Department of Personnel and Training (DoPT) in such cases.

The disciplinary authority has been directed not to dispense with the inquiry in complaints of sexual harassment lightly, arbitrarily or with ulterior motive or merely because the case against the government servant is weak.

The committees for checking sexual harassment at work place will have the powers to recommend transfer of the aggrieved woman or the charged officer to any other workplace, and to grant leave to the aggrieved woman up to a period of three months. “The leave will not be deducted from her leave account,” it said.

Complaints committees have been set up in all ministries and organisations under them in pursuance to the judgement of the Supreme Court in the Vishakha case. These committees are to be headed by a woman and at least half of its members should be women.

“In case a woman officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. To prevent the possibility of any undue pressure or influence from senior levels, such complaints committees should involve a third party, either an NGO or some other body which is familiar with the issue of sexual harassment,” the DoPT said in its instructions.

The aggrieved woman or complainant is required to make a complaint within three months of the incident and in case there has been a series of incidents, three months of the last incident, it said.

The complaints committee may, however, extend the time limit for reasons to be recorded in writing, if it is satisfied that the circumstances were such which prevented the complainant from filing a complaint within the stipulated period, the DoPT guidelines said.

Sexual harassment includes physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing any pornography and any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

Besides, implied or explicit promise of preferential or detrimental treatment in employment; implied or explicit threat about her present or future employment status; interference with her work, creating an intimidating, offensive or hostile work environment for her; and humiliating treatment likely to affect her health or safety may also amount to sexual harassment, it said.

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Ministry of Personnel, Public Grievances & Pensions

March 18, 2015

Compulsory Paid Leave During Pregnancy

There are provisions which prescribe that a female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement. During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri Kirti Azad in the Lok Sabha today.

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Tags: Female Government servant, Central Government Employees News, Women Employees, maternity leave, Pregnancy, Paid Leave

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