PoSH Act – Sexual Harassment
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The purpose of this policy is to prevent sexual harassment against women in the workplace and also to protect them.
Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault.
It was passed by the Lok Sabha on 3 September 2012. It was passed by the Rajya Sabha on 26 February 2013.
Posh Act – Sexual Harassment – Prevention of Sexual Harassment (PoSH) Policy.
The purpose of this policy is to prevent sexual harassment against women in the workplace and also to protect them. Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome or inappropriate promise of rewards in exchange for sexual favors. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault.
Sexual Harassment: It was passed by the Lok Sabha on 3 September 2012. It was passed by the Rajya Sabha on 26 February 2013. Any behavior which may be physical, psychological, graphical, emotional, verbal, written, electronic, gestures which are offending, etc. is defined as inappropriate by the policy. Any act of the person either intentional or not, should not offend the dignity of the other person. If done so then serious disciplinary action is taken against the person who has performed such act.
This policy is applicable to all the members of the company including employer and those who are employed on regular, temporary, on a daily wage basis, etc. The policy also extends to those who are not employees of the company such as customers, clients, visitors, interns, contract workers, suppliers, etc. And is restricted to the business locations of the company and any external location visited by the employees during the course of employment whether inside or outside of India.
As stated by the Supreme Court, these guidelines are applicable to:
a) The employer or other responsible persons or other institutions to prevent sexual harassment and to provide procedures for the resolution of complaints;
b) Women who either draw a regular salary, receive an honorarium, or work in a voluntary capacity- in the government, private or organized sector come under the purview of these guidelines.
Harassment Preventive Steps:
- Sexual harassment should be affirmatively discussed at workers’ meetings, employer-employee meetings, etc.
- Guidelines should be prominently displayed to create awareness about the rights of female employees.
- The employer should assist persons affected in cases of sexual harassment by outsiders.
- Central and state governments must adopt measures, including legislation, to ensure that private employers also observe the guidelines.
- Names and contact numbers of members of the complaints committee must be prominently displayed.
1. Guidelines should be prominently notified to create awareness as regards the rights of the female employees.
2. The employers should assist the persons affected, in cases of sexual harassment by outsiders or third parties.
3. Sexual harassment should be discussed at workers meetings, employer-employee meetings and at other appropriate forums.
4. Both Central and State governments are required to adopt measures including legislations to ensure that private employers also observe these guidelines.
How to file Sexual Harassment Case in India
Procedure apply to filing of complaints:
- Employers must provide a Complaints Committee which is to be headed by a woman; of which half members should be women.
- Complaints Committee should also include an NGO or other organization- which is familiar with sexual harassment.
- Complaints procedure should be time bound.
- Confidentiality of the complaint’s procedure has to be maintained.
- Complainant or witnesses should not be victimized Or discriminated against- while dealing with complaints.
- The Committee should make an annual report to the concerned Government department and also inform of the action (if any) taken so far by them.
Law firm in India, handling all sorts of sexual offence cases in the court of law with its core specialization in ‘Sexual Harassment of Women at Workplaces’ cases, regulation abidance and related awareness programs at all corporate levels across all major cities in India
Experiencing sexual harassment at work can be a traumatic experience. Perpetrators undermine victims’ confidence and self-esteem. As a victim, it is easy to feel powerless. What will happen if you report the harassment? What will happen if you don’t? The sexual harassment lawyer will explain your legal options and help you choose the best path forward.
A WELL DRAFTED COMPLAINT
The complaint should be addressed to the IC members and not the employer/HR representative.
The complaint should be concise, i.e. it should be written in simple language which can be understood easily. Complaints that are well written and presented properly have greater credibility. Details of exact incident, date and time, witness etc. to be included.
Circumstances preceding and following the incident to be recorded.
Whether the complainant asked the respondent to desist from the unwelcome act(s).
Append as many documents as possible in whatever format i.e. relevant e-mails, screenshots of SMS’s/whatsapp messages, call details, photographs, recordings etc.
Details of the respondent including name, designation, reporting structure between complainant and respondent if any (whether subordinate, colleague or superior).
Do not state any fact that is false or incorrect.
The relief that is sought from the employer.
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