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HARYANA GOVT. GAZ. (EXTRA.), AUG. 8, 2022 (SRVN. 17, 1944 SAKA)

2795

In case of any criminal case the employer shall initiate appropriate action in accordance with the penal law

without delay and also ensure that victims or witnesses are not victimised or discriminated while dealing with

the complaints of sexual harassment and wherever necessary, at the request of the affected worker, shift or

transfer the perpetrator, if circumstances so warrant. The employer shall take appropriate disciplinary action if

such conduct amounts to misconduct in employment.

The employer shall maintain a complaint redressal mechanism in the shop/establishment itself and the said

mechanism should ensure time-bound treatment of complaints. Such mechanism should be at any rate to

provide, when necessary a Complaint Committee, a special counsellor or other support services including the

maintenance of confidentiality.

Such Complaint Committee should preferably be headed by a woman and not less than half of its members

should be women besides a non-governmental organization’s representation in the committee. Such person

should be familiar with the issues of sexual harassment as is prescribed under the “Act”.

The female employees should be allowed to raise issues of sexual harassment to workers in the Workers’

meeting and other appropriate forums, written or in electronic form or through a complaint box.

7. The female employee should be made aware of their rights in particular by prominently notifying the

guidelines on the subject.

Wherever there is a harassment at the instance of a third party, either by an act or omission, the employer and

person in charge of the shop/establishment should take all steps necessary and reasonable to assist the affected

person in terms of support and preventive action.

Declaration/consent from each women worker including security guard, supervisors, shift-in-charge or any

other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained and a copy of

the same shall be forwarded to the Labour Commissioner, Haryana.

10.

The employer shall be provide proper lighting not only inside the shop/establishment, but also surrounding of

the shop/establishment and to all places where the female workers may move out of necessity in the course of

such shift.

11.

The employer shall see that the women workers are employed in a batch not less than ten and the total of the

women workers employed in a night shift shall not be less than 2/3rd of the total strength.

12.

Sufficient women security shall be provided during the night shift at the entry as well as exit point.

13.

Sufficient number of work sheds shall be provided for the female workers to arrive in advance and also leave

after the working hours.

14.

Separate canteen facility shall be provided for the female employees, if number of female employees are more

than 50.

15.

The employer shall provide transportation facility to the women workers from their residence and back (for the

night shift) and security guards (including female security guard) and each transportation vehicle shall also be

equipped with CCTV cameras.

16.

The establishment/management shall provide appropriate medical facilities and also make available at any time

of urgency by providing necessary telephone arrangement and where more than hundred women workers are

employed in a shift, a separate vehicle be kept ready to meet the emergent situation such as hospitalization,

whenever there is a case of injury or incidental acts of harassment etc.

17.

Wherever the establishment/management provides boarding and lodging arrangements for the women workers,

the same shall be kept exclusively for the women under the control of women wardens or supervisors

18.

During night shift not less than 1/3rd of strength of the supervisors or shift-in-charge or other supervisory staff

shall be women.

19.

There shall be not less than twelve consecutive hours of rest or gap between the last shifts and the night shift

wherever a women worker is changed from day shift to night shift and so also from night shift to day shift.

20.

In other respects, the provisions of the Haryana Shops and Commercial Establishments Act, 1958 and the rules

of other statutory provisions with respect to the hours of work and the payment of Equal Remuneration Act and

all other Labour Legislations shall be followed by the employer.