Everything About Women Harassment Act
Sexual harassment is defined as a person’s unacceptable behaviour that includes “unwelcome sexual approaches,” physical contact, and creeping out on someone. It is defined as improper behaviour and illegal action. Sexual harassment in the workplace is a widespread issue globally, whether in a developed, developing, or underdeveloped country; crimes against women are widespread. It is a worldwide problem that affects both men and women equally. It is getting more widespread, especially among women.
What Includes Sexual Harassment of Women?
National laws place a greater emphasis on illicit behaviour. In general, it is defined as “unwanted sexual favour and other verbal or physical sexual behaviour that seeks to create a hostile or uncomfortable work environment.”
The Supreme Court of India considered sexual harassment as any unwanted sexually determined action (directly or indirectly), such as;
- Direct physical touch and advances
- A desire or demand for sexual favours
- Sexually charged comments
- Displaying pornography,
- Inappropriate sexual physical and verbal activities.
What is POSH Act 2013?
The PoSH Act intents to safeguard women at their respective workplaces from sexual harassment and, as a result, to foster a pleasant work environment for women and men. It creates a cheerful and healthy workplace which proportionally boosts employee productivity at the workplace.
How It Works?
Rules and standards established by the Supreme Court in Vishaka and others vs. State of Rajasthan and others.
Where such behaviour constitutes harassment in employment as described by the applicable service rules, the employer should start appropriate disciplinary action in line with those rules.
Where to File a Complaint?
The Act gives the IC powers comparable to those provided to a civil court under the Code of Civil Procedure, 1908, such as mandating party attendance, documentation presentation, and other mandates in a civil case.
How to File a Complaint
The first stage entails the complainant submitting a written complaint to the IC or LC, together with six copies of the supporting papers and the names and addresses of the witnesses.
Following 7 days after receiving the complaint, the IC or the LC must give a copy to the respondent.
The respondent has ten days after receiving the complaint to provide a statement to the Committee, together with legal documents and the names and addresses of the witnesses.
The Aggrieved women have the right of settling the issue.
If the victim agrees, the IC will take measures to resolve the dispute between the injured ladies and the respondent through conciliation before beginning any inquiry action. However, the IC may not recommend a compromise between the complainant and the respondent.
Conciliation should be permitted but without monetary compensation.
For the purposes of conducting the inquiry, the IC will have the same jurisdiction as a civil trial underneath the Code of Civil Procedure, 1908. If the aggrieved woman or harasser failed to submit or appear before the IC after getting summoned for 3 sessions straight without emergency, the IC can send an ex-parte decision with 15 days’ notice.
Such an investigation must be finished within 90 days.
Submission of IC Report
Following the completion of the inquiry, the IC must send a report to the employer (and, if a complaint was sent to the IC by the LC, also to the District Officer) within 10 days of completion.
The mere presenting of two different narratives by the parties does not necessitate a re-examination of the evidence by the IC after the investigation is ended.
The IC may also suggest that any cash necessary to compensate the complaint deducted from the respondent’s remuneration.
If the IC feels the accusations are false or malicious, it may recommend action against the plaintiff in accordance with the service terms that apply to the accuser. Where the service rules do not apply to the complainant, action might be suggested under Rule 10 of the Rules.
POSH Training For Employees
POSH training is critical for sensitising personnel in your firm about the Posh behaviour and its consequences. As a result, training must be offered not just to female employees but also to males (regardless of gender or position in the firm) to educate employees about the definition of sexual harassment and the rights guaranteed by the Posh act. It fosters gender equality and a healthy working environment for both men and women.
Conditioning Categories We hold the following sessions:
- Employee education sessions
- Session on Gender Sensitization
- Training Management Training
The following major topics will be covered in a basic Training and Awareness Program. However, training courses may be customised to meet your specific needs:
- Understanding of legal words such as sexual harassment, employee, workplace, and others, as well as the finer subtleties associated with them
- Understanding your employer’s responsibilities
- Introduction to the Company’s Internal Policy Constitution & Composition of ICC Role & Responsibilities
- Complaint filing Understanding the complaint system, including timeframes
- Various sexual harassment situations
- The effect on the persons involved
- The significance of secrecy and the absence of retribution
- Recommendations for the employer
- Reporting Requirements
- Understanding additional laws that are connected
- Preventive Actions
It is always preferable to use eLearning to provide consistency in POSH training online at your firm since it provides continuity for workers’ on-time training. This is critical since it is a legal need to follow the law beyond only training in order to avoid severe penalties for the firm. POSH awareness training also guarantees that employees and management collaborate to make the workplace a safer and better place to work.