What happens when a Non-employee (female) complains about our employee (male) on Sexual Harassment at workplace? To give an example – one of the recruiters of a Multinational Company, while conducting a campus recruitment in a premier business school, sexually harassed a woman from the institute. During the process of recruitment, he got hold of Read more about Sexual Harassment Complaint from a NON-Employee[…]
Section 21 (1) requires the Internal Committee or the Local Committee to prepare in each calendar year, an annual report and submit the same to the employer and the District Officer. What to include? Rule 14 says the annual report should include the following details: Number of complaints of sexual harassment received in the year Read more about Draft – Annual Report Format[…]
Conciliation is an alternative way to resolve a dispute between parties using a mediator. Conciliation can be initiated by the Internal Complaints Committee (ICC) as an option of redressing workplace sexual harassment complaints, only if the aggrieved person requests for the same. Conciliation under POSH Act The ICC before initiating an inquiry under section 11 and Read more about Drafts – Conciliation Settlement report[…]
Section 11 of the POSH Act 2013 provides for the procedure to be followed by the POSH Internal Committee for inquiring into sexual harassment complaint where it mentions specifically that both the parties have to be given equal opportunities to make representations against the findings before the committee. On receipt of the written complaint , Read more about DRAFTS – “Notice to appear before the IC”[…]
The COVID 19 pandemic has changed the way of work across the globe. Many of us in India are still grappling with the new arrangement of Work from Home. Most managements begin to see its benefits of saving time and cost to the organization. So, is it here to last? We never know, it might Read more about Work From Home a “workplace”? POSH act talks[…]
Today millions of Indian women are joining the workforce and contributing significantly to our economy. It is therefore important that organizations across private & public sectors create an environment where women employees feel safe and comfortable. Workplace harassment is increasingly understood as a violation of women’s rights and a form of violence against women. To Read more about Mediation as an informal redressal process for Sexual Harassment[…]
There is a wide divergence of perceptions in our society as to what words or actions constitute sexual harassment. Due to the complexity of human behavior, it is difficult to pinpoint what exact behavior will be perceived as sexual harassment by an individual. It becomes very difficult to draw a clear line between acceptable and Read more about Characteristics and Types of Sexual Harassment[…]
While handling sexual harassment compliant, an inquiry should be conducted on the principles of natural justice and not as a formality. The Internal Complaints Committee is vested with the powers of a Civil Court and comes with great responsibilities. A wrong decision can destroy the career, reputation and family life of a man/woman if wrongly Read more about Essential tips for the ICC while conducting a POSH Inquiry[…]
Section 4 of the Prevention and Prohibition of Sexual Harassment of Women at workplace Act provides for the constitution of an ICC or the Internal Complaints Committee. Any organisation that has 10 or more employees need to constitute a Committee to address the complaints related to Sexual harassment. Integrity and impartiality of the ICC is Read more about Duties of the Internal Complaints Committee[…]
Section 9 of the POSH Act gives details on filing / registering a sexual harassment compliant at Workplace. Excerpts from Section 9 of the Act. – Any employee who faces sexual harassment at workplace can lodge a complaint to the Internal Complaints Committee within a period of 3 months from the date of incident and Read more about Template for registering a sexual harassment complaint[…]