Skip to main content

Notary Services process provided by PEACE

Notary Services process provided by PEACE:

  Notarization is a key step in authenticating many types of legal documents and agreements. Whether you are dealing with affidavits, rent agreements, wills, or other important papers, getting them notarized helps ensure they are legally valid and accepted by courts and government offices. If you live or work in Gurgaon and need notary services but find it difficult to visit the court due to a busy schedule, this guide will help you understand the process and options available to you. What Are Notary Services? A notary public is a government-authorized official who verifies the identity of signers, witnesses signatures, and certifies copies of documents. This official stamp and signature confirm that the document has been executed properly and can be trusted by third parties. Common Documents That Require Notarization Affidavits (sworn statements) Rent Agreements Memorandum of Understanding (MOUs) Wills and Last Testaments Name Change Affidavits Vehicle ...
Read more
Labels

Legal Remedies for Working Women Facing Discrimination

Legal Remedies for Working Women Facing Discrimination


Types of Workplace Discrimination

Workplace discrimination against women can appear in many forms: unequal pay, denied promotions, gender-based remarks, sexual harassment, and discrimination due to pregnancy or marital status.

Back to Top

Key Indian Laws That Protect Women

  • The Constitution of India – Guarantees equality under Articles 14, 15, and 16.
  • The Equal Remuneration Act, 1976 – Mandates equal pay for equal work.
  • The Maternity Benefit Act, 1961 – Protects women before, during, and after childbirth.
  • The Sexual Harassment of Women at Workplace Act, 2013 – Provides a mechanism to address harassment.
  • The Industrial Disputes Act, 1947 – Offers protection against unfair dismissal or forced resignation.

1. The Constitution of India (Articles 14, 15, and 16)
These foundational articles guarantee that all citizens, including women, are equal before the law.

  • Article 14 ensures equality before the law and equal protection of the laws.

  • Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

  • Article 16 guarantees equal opportunity in public employment, ensuring women are not denied jobs or promotions based on gender.

2. The Equal Remuneration Act, 1976
This law mandates that employers must pay men and women equally for performing the same work or work of a similar nature.
It also prohibits employers from discriminating against women in recruitment, training, promotions, or transfers.

3. The Maternity Benefit Act, 1961 (Amended in 2017)
This legislation protects the employment of women during maternity.

  • Women are entitled to 26 weeks of paid maternity leave for the first two children.

  • Employers cannot dismiss, demote, or reduce the benefits of a pregnant employee.

  • It also provides for nursing breaks and maternity-related medical bonuses.

4. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This Act requires every employer to constitute an Internal Complaints Committee (ICC) to address complaints of sexual harassment.

  • It defines various forms of harassment, including verbal, physical, and visual.

  • Employers are liable if they fail to prevent or act upon complaints.

5. The Industrial Disputes Act, 1947
This law provides protection to workers, including women, from unjust termination or forced resignation.

  • It defines “retrenchment” and “unfair labour practices,” helping women challenge wrongful dismissals.

  • Women employees can seek reinstatement, back wages, or compensation through labor courts or tribunals if they are dismissed without cause.

Back to Top

Legal Remedies Available

Depending on the nature of discrimination, a woman may:

  • File a complaint with the Internal Committee (IC) under the POSH Act.
  • Approach the Labour Commissioner for unfair dismissal or forced resignation.
  • Take the employer to court under relevant employment or criminal laws.
  • File for compensation, reinstatement, or both.
Back to Top

Filing a Complaint

If the company has an Internal Complaints Committee (ICC), report the incident in writing within 3 months. For other grievances like wrongful termination or wage inequality, approach the Labour Commissioner or Women’s Commission with supporting documents.

1. Reporting Sexual Harassment at the Workplace (ICC Route)
If a working woman faces sexual harassment at the workplace, the first step is to check whether the company has constituted an Internal Complaints Committee (ICC) as mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

  • The complaint should be made in writing to the ICC within 3 months from the date of the incident (or the last incident in case of a series).

  • The ICC must conduct an impartial inquiry and complete it within 90 days.

  • Based on the findings, appropriate action — such as written apology, transfer, deduction of wages, or termination — can be recommended.

  • The report must be submitted to the employer, who is responsible for implementing the recommended actions within 60 days.

2. Complaints Related to Wage Inequality, Termination, or Other Employment Grievances
For issues such as unequal pay, wrongful termination, lack of maternity benefits, or discrimination in promotions, a woman can seek legal recourse through the following authorities:

  • Labour Commissioner:

    • File a complaint with the local Labour Commissioner’s office.

    • You will need to submit your appointment letter, salary slips, communication records, and any proof of the grievance.

    • The officer may summon the employer, initiate mediation, or refer the case to a labor court.

  • National Commission for Women (NCW) or State Women’s Commission:

    • These bodies accept complaints related to gender discrimination and can intervene directly with employers.

    • Complaints can be filed online or in person, and the commission may issue notices to the employer or refer the matter to the relevant legal authority.

3. If No ICC Exists or It Is Non-Functional
In the absence of an ICC or if the committee is biased, the complaint can be made to the Local Complaints Committee (LCC) set up by the district administration.

  • This ensures that even employees in small companies or unorganized sectors have access to a proper redressal mechanism.

Tip:
Always document incidents, maintain email trails, and preserve copies of employment-related documents. These will be crucial in proving your case, whether you approach internal authorities, a labor tribunal, or the courts.

Back to Top

Real-Life Scenarios

  • A woman denied a promotion due to her maternity leave filed a successful case under the Equal Remuneration Act.
  • An employee harassed by a manager used the POSH Act to have the manager terminated.
Back to Top

Tips to Protect Yourself

  • Keep records of all workplace interactions.
  • Document every email, message, or communication where discrimination is evident.
  • Know your rights and don’t hesitate to assert them.
  • Seek legal advice early if you feel something is wrong.
Back to Top

Labels:
Location: India