Note – This section is not a substitute for legal advice or consultation with a lawyer, who will be in a better position to advise you regarding the facts and circumstances of your case, but rather a tool to help the reader understand better about laws relating to workplace harassment (sexual) prevention. Sexual harassment of women at workplace act in India is a revolutionary move by our government to create a change in our society.
The coronavirus has left an indelible mark on the planet. Companies have gone online, employees must check in from home, and the notion of a workplace has shifted. Workplace colleagues are chatting on social media, bosses are discovering tweets posted by their workers on Twitter, and dating apps are connecting people who work in the same organisation. Companies are also moving toward "mentorship" arrangements, in which senior colleagues mentor younger in closed settings. These layers add to the complication of working relationships. In this setting, it is critical to review the existing borders of harassment at workplace and how technology and present conditions have re-drawn limits.
In a normal business, a session on sexual harassment prevention will be met with one of the following reactions: "Sigh, there goes an hour of being productive," "This again?" or "We all know what to do, nobody needs this." However, the rationale for these sessions is the same as the reason for fire drills. Hopefully, you will never have to apply the information, but if you do, you will not be caught off guard.
In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (commonly known as the "POSH Act") became law. It is based on the Vishaka Guidelines and creates a system for dealing with sexual harassment accusations in the workplace. According to the POSH Act:
· The individual who may make a complaint must be a woman; the POSH Act is not gender-neutral.
· Any company with more than ten workers shall establish an Internal Committee (previously known as the Internal Complaints Committee), which will deal with sexual harassment complaints.
· When a complaint is lodged, the Internal Committee (IC) will investigate and make recommendations to the employer based on their findings of guilt or innocence, as well as the repercussions of those findings.
Harassment at workplace act India is made mandatory by the Government of India to ensure safety and security at the workplace.
Sexual harassment in the workplace is defined by the POSH Act as explicit activities such as physical approaches, demanding or soliciting sexual favours, exhibiting pornography, making sexually coloured remarks, sending sexually explicit texts, and any other unwelcome sexual behaviour in the workplace. It also includes implicit acts in which a refusal to engage in sexually improper behaviour is accompanied by threats that might jeopardise employment or create a hostile work environment.
As an example, A sends improper sexually explicit forwards to their employee, B. B does not respond to it and simply ignores it. A invites the whole team, with the exception of B, to a contract closing. When B inquires as to why they are not invited, A informs them that the others responded to the messages, however, B did not.
A workplace is more than just the office's brick and mortar walls. It follows you everywhere you go during the course of your job. It includes commuting in office-provided vehicles, attending conferences and meetings, and going on off-site trips.
Zoom calls and other virtual team meetings are also included.
C, for example, makes improper and sexually charged remarks about D's wardrobe at a big goodbye party hosted by the workplace. D is exceedingly uneasy and requests that C stop, but they do not. D is unsure if the online party qualifies as a " in the online party as a result of their job, C's activities will be regarded as sexual harassment in the workplace or workplace harassment.
*For online consultation for the or Posh, kindly visit our website.
The IC are a group of persons who investigate allegations of sexual harassment and provide recommendations to employers concerning the implications of the same under the POSH Act. The IC should have a minimum of four members, be led by a senior female employee, and have at least one external member.
Employees should be notified of the makeup of the IC, including the contact information for the chairperson and the committee so that they know where to send their complaints or who to contact for clarification.
E, for example, has been subjected to sexual harassment at work and has filed a complaint. The IC was made up of two people: E's superior and an HR representative from the same company. The constitution of this IC goes against the POSH Act.
If you can speak to the individual who performed the behaviour, you can express your displeasure and urge them to stop. If they do not stop, if it is a serious act, or if the individual is someone you are not comfortable addressing, you can file a complaint with the IC.
Check to see whether your firm has a sexual harassment prevention policy. If they do, reading through it is an excellent place to start. The specifics of the Internal Committee will be presented, as well as the email ID or person to whom you may complain.
Sexual harassment of women at workplace act is a revolutionary tool introduced in order to control harassment at workplace act India. In the last few years, we have seen a change in our workplace culture as a result of India sexual harassment act also known as Posh Act 2013.