Sexual Harassment At Work Place(Prevention, Prohibition and Redressal) act, 2014
COMPENSATION TO THE AGGRIEVED PERSON
Whether ICC/LCC can recommend compensation payment to an aggrieved woman?
If the ICC/LCC arrives at the conclusion that the allegation against the respondent has been proved. It will recommend to the employer and the District Officer to deduct from the salary or wages of the respondent such sum as compensation to be paid to the aggrieved woman or to her legal heirs. In case the employer is unable to make such deductions from the salary of the respondent due to his being absent or cessation of employment, the ICC or the LCC may direct the respondent to pay such sums to the aggrieved woman. In case the respondent fails to pay the sum, the ICC or the LCC may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.
The basis of determining such compensation to be paid to the aggrieved woman will be:
- Mental trauma, pain, suffering and emotional distress caused to the aggrieved woman.
- Loss in career opportunity due to the incident of sexual harassment.
- Medical expenses incurred by the victim for physical or psychiatric treatment.
- Income and financial status of the respondent.
- Feasibility of such payment in lump-sum or instalments.