ALL ABOUT THE SEXUAL HARASSMNET LAW IN INIDA | POSH Act

POSH Act: ALL ABOUT THE SEXUAL HARASSMNET LAW IN INIDA

Sexual harassment law: The word “workplace” confers to the Sexual harassment at workplace of Women at Workplace (Regulation, Prevention, and Redressal) Posh Act of 2013, and specifically includes:

  1. All offices or other locations where the Company does business.
  2. All Company-related activities undertaken at any other place that is not the Company’s premises and is under the authority of the employers.
  3. Any social, business, or other activities and/or events, seminars, or corporate gatherings where the behavior and/or commencements may have a negative influence on working women workers participating in the event.

HOW TO PREVENT SEXUAL HARRASSMENT

Sexual harassment law prevention—

(1) No woman shall be exposed to sexual harassment in any job.

(2) If any of the below events take place, are presented in conjunction with, or are connected to any act or behavior of gender based violence, they may be considered sexual assault:

  • Inferred or clear and specific assure of favorable treatment in her workplace;
  • Inferred or imminent threat of harassment at workplace and discrimination in her workplace; 
  • Inferred or actual assault about her current or future job status; or 
  • Intervention with her job role or creation of a threatening, objectionable, or hostile work environment for her; or
  • Mortifying treatment likely to damage her safety and wellbeing

All Group/Company personnel have a personal duty to ensure that their actions do not violate this policy. All workers are asked to underline the importance of maintaining a sexual harassment at workplace-free workplace.

Grievance Procedure: 

In the Company/Group, a suitable complaint mechanism in the form of a “Internal Complaints Committee” (ICC) has been established for the timely redress of the victim employee’s complaint.

ESTABLISHMENT OF INTERNAL COMPLAINTS COMMITTEE (ICC):

All personnel at the site who are covered by the committee are informed of the committee’s details (workplace).

Each location’s committee consists of the following individuals:

  • A woman in a top position in the company or workplace serves as the presiding officer.
  • At least two staff who are devoted to the cause of women and/or have legal expertise;
  • One representative from a non-governmental group or association dedicated to the cause of women, or a person knowledgeable about sexual harassment concerns.

The Internal Complaints Committee is in charge of the following:

  • Receiving sexual harassment at workplace allegations in the workplace.
  • Initiating and conducting an investigation in accordance with the Act’s stated procedure.
  • Inquiry results and suggestions are submitted.
  • collaborating with the employer to put necessary measures in place.
  • Following the established policy of maintaining tight secrecy throughout the process.
  • Discourage and prevent sexualharassment at workplace.

PROCEDURES FOR RESOLVING, SETTLING, OR PROSECUTING SEXUAL HARASSMENT LAW:

As follows, the Company is dedicated to creating a supportive atmosphere for resolving sexual harassment complaints:

  1. When an episode of sexual harassment happens, the victim of such conduct can instantly convey their displeasure and concerns to the harasser, as well as urge that the harasser act respectfully. If the harassment continues, or if the victim feels uncomfortable confronting the harasser directly, the victim may submit their concerns to the Internal Complaints Committee (ICC) for resolution of their issues. Following that, the Internal Complaints Committee will give advise or assistance as needed, as well as conduct a quick investigation to settle the situation.
  • Charge under sexual harassment law
  1. An employee with a harassment complaint who is uncomfortable with or has exhausted the informal settlement alternatives may file a formal complaint with the Presiding Officer of the Management’s Internal Complaints Committee. Any aggrieved woman may file a complaint of sexual harassment at work with ICC within 3 (three) months of the date of the incident, or in the case of a series of incidents, within 3 (three) months of the last incident, and ICC may, for reasons to be recorded in writing, extend the time limit not exceeding three months if the circumstances of the case are satisfied.
  2. In the event that such a complaint cannot be made in writing, the Presiding Officer or any member of the ICC shall provide the woman with all reasonable help in writing the complaint.
  3. Before launching an investigation under Section 11 of the Posh Act, the ICC may, at the request of the aggrieved woman, attempt to resolve the matter through conciliation, provided that no monetary settlement is made as a basis for conciliation, and where a settlement is reached, the ICC shall record the settlement and forward it to the employer for action as specified in the recommendation. Following that, the ICC will send the aggrieved ladies and the respondent with copies of the settlement as recorded, and no further investigation will be done.
  4. If the aggrieved woman notify the ICC under the posh act that any term or condition of the settlement reached under Section 10 (2) has not been met by the respondent, the ICC shall conduct an investigation or, as the case may be, forward the complaint to the police, and for the purpose of conducting an investigation, the ICC shall have the same powers as a Civil Court when trying a suit under the Code of Civil Procedure, 1908.
  5. The ICC must finish the investigation under Section 11(1) within 90 days. 

Any of the following can be used as a basis for disciplinary action:

  1. Formal sincerely apologise; 
  2. Reduction to a lower grade; 
  3. Written warning with a copy kept in the employee’s file; 
  4. Suspension or termination of promotion for two years or more depending on the sensitivity of the case; 
  5. Any other appropriate disciplinary action as deemed
  1. Report of the Inquiry under the sexual harassment law:

The ICC must provide the inquiry report to the parties concerned within 10 days after the conclusion of the investigation.

  1. Penalties For False Or Intentionally False Complaints And False Evidence:

If the ICC determines that the complainant made the complaint knowing it was false or produced any forged or misleading document, it may advise the employer to take action against the aggrieved women or the person who made the complaint with wrongful intent, as the case may be, in accordance with the provisions of the services rules applicable to her or him or, if no such service rules exist, in accordance with the provisions of the services rules applicable to her or him.

  1. Penalties for Making a False Or Malicious Complaint and Providing False Evidence:

If the ICC determines that the complainant made the complaint knowing it was false or produced any forged or misleading document, it may advise the employer to take action against the aggrieved woman or the person who made the complaint with wrongful intent, as the case may be, in accordance with the provisions of the rules of the service applicable to her or him, or where no such service rules exist, in such a matrimonial situation.

Annual report preparation: It must include the following information:

  1. a) The number of sexual harassment complaints received each year; 
  2. b) The number of complaints resolved each year;
  3. c) The number of cases pending for more than 90 days; 
  4. d) The number of workshops held to raise awareness about sexual harassment at workplace; 
  5. e) The type of action taken by the employer or district magistrate.

Security:

The Company realises how difficult it is for a victim to come forward with sexual harassment at workplace complaints and respects the victim’s desire to keep the matter private.

COMPLAINANT / VICTIM PROTECTION: 

The Company is dedicated to ensuring that no employee who reports harassment at workplace is subjected to retaliation in any way. Any retaliation will result in disciplinary action. When dealing with sexual harassment accusations, the Company will guarantee that the victim or witnesses are not mistreated or discriminated against. Anyone who abuses the system (for example, by intentionally making an accusation knowing it is false) will face disciplinary action as outlined in the Act.

CONCLUSION:

Finally, the Company reaffirms its commitment to creating a harassment-free and discrimination-free workplace where each worker is regarded with decency and respect. Posh act or sexual harassment law ensures safety of females at online and offline workplaces. 

By | 2022-05-03T12:58:45+05:30 May 3rd, 2022|PoSH|0 Comments

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