Niruta Publications
  • Home
  • About Us
    • Ramesha's Profile
  • Publication With Us
    • Inviting Authors
    • Promote Your Books
  • Niruta Book Club
  • Our Services
  • Leaders Talk
  • HR Blog
    • Inviting Articles
  • Books / Online Store
  • Media Mentions
    • Photos
  • Join Our Online Groups
  • Contact Us
  • Home
  • About Us
    • Ramesha's Profile
  • Publication With Us
    • Inviting Authors
    • Promote Your Books
  • Niruta Book Club
  • Our Services
  • Leaders Talk
  • HR Blog
    • Inviting Articles
  • Books / Online Store
  • Media Mentions
    • Photos
  • Join Our Online Groups
  • Contact Us
Niruta Publications

Clarification with respect to the "Appeal" provision of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

12/24/2023

0 Comments

 
Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 deals with the right of an aggrieved person to file an appeal in case they are dissatisfied with the recommendations made in their case or if the recommendations have not been implemented.
​
A detailed understanding is as below:
Sub-section 1:Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.


Read More
0 Comments

IS THIS COMPLAINT VALID UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE EVEN IF IT OCCURRED OUTSIDE THE COMPANY PREMISES, DURING COMPANY HOURS IS THIS COMES UNDER PREVENTION, PROHIBITION AND REDRESSAL ACT, 2013?

3/11/2023

0 Comments

 
He and she attended a company-nominated training program outside the company premises. After the training program, she complained to the ICC that he sexually harassed her during the training program. Is this complaint valid under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013?
YES. The incident took place during a training program, and according to the Act, the venue of the training program is the workplace.
0 Comments

WHAT IS THE PPR APPROACH AS PER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013?

3/11/2023

0 Comments

 
The Prevention, Prohibition, and Redressal (PPR) approach is a key feature of the POSH Act, 2013. This approach aims to create safe and harassment-free workplaces for women.

Prevention:
It refers to the steps taken by the employer to prevent sexual harassment in the workplace. Employers must take measures such as establishing internal committees, conducting awareness and sensitization programs and implementing policies and guidelines to prevent sexual harassment in the workplace.

Prohibition:
This refers to the prohibition of sexual harassment in the workplace.  
Here, prohibition is strictly related to restricting unwelcoming acts/behaviors in the workplace related to sexual harassment. Employers must communicate such restrictions through policy, process, and awareness programs. They must ensure that their employees, including visitors, are aware of such prohibitions.

Redressal:
This refers to the mechanisms put in place to address and redress complaints of sexual harassment in the workplace. Employers are required to establish internal committees to address sexual harassment complaints, and employees have the right to file complaints with the committee if they experience any form of sexual harassment.
0 Comments

WHAT KINDS OF HARASSMENT ARE ILLEGAL AS PER POSH ACT, 2013?

3/11/2023

0 Comments

 
What kinds of harassment are illegal as per POSH Act, 2013? 
The Prevention of Sexual Harassment at Workplace Act, 2013 (POSH Act) defines Sexual Harassment as any unwelcome acts or behavior, whether directly or by implication. 
 
In line with this, the following acts are considered illegal: 
  1. Physical contact and advances, such as unwelcome touching, hugging, or kissing.
  2. A demand or request for sexual favors, accompanied by an implied or explicit promise of preferential treatment or threat of retaliation.
  3. Sexually colored remarks, such as comments about a person's body, dress, or physical appearance.
  4. Display of sexually suggestive objects, pictures, videos, or cartoons.
  5.  Use of sexually suggestive gestures, or lewd body language.
  6. Making unwanted physical, written, or verbal advances, whether directly or through phone calls, text messages, emails, or social media.
  7. Unwanted comments, jokes, or innuendos that are sexual in nature.
  8. Any other conduct of a sexual nature that makes a woman employee feel uncomfortable, intimidated, or offended.
0 Comments

INSTANCES OF WEIRD OCCURRENCES WHICH COVERS UNDER POSH ACT?

3/11/2023

0 Comments

 
The wife & husband work in the same company and are allowed to work from home from 8:00 am to 5:00 pm. They took financial benefit from the company to buy the required furniture to work from home. After a few days, the wife complained to ICC that her husband had sexually harassed her during working hours. Is this complaint valid under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013?  
YES
0 Comments

AS PER POSH ACT 2013, WE HAVE AN EXCELLENT POSH POLICY AND CONSTITUTED AN IC COMMITTEE. AS WE MEET THESE REQUIREMENTS, WE DO NOT HAVE TIME TO PROVIDE POSH TRAINING TO EMPLOYEES DUE TO PRODUCTION PRESSURE. IS THIS OKAY?

3/11/2023

0 Comments

 
As per POSH Act 2013, we have an excellent POSH policy and constituted an IC Committee. As we meet these requirements, we do not have time to provide POSH training to employees due to production pressure. Is this okay?
No, it is not okay. 

 
As per the POSH Act 2013, every employer must provide awareness through training programs at regular intervals for all employees (including contract labour & trainees) on the prevention of sexual harassment. Such programs must sensitize the employees to the provisions of the Act. 
 
The POSH awareness sessions must cover the following: 
  • What constitutes sexual harassment?
  • Applicability of the Act. 
  • How to prevent sexual harassment?
  • What to do if it occurs? 
  • Formation & role of Internal Committee.
  • Process of handling sexual harassment complaints. 
  • Role of Employer & Employees in preventing sexual harassment.
Picture
0 Comments

CAN INAPPROPRIATE BEHAVIOR OCCURING OUTSIDE OF THE FACTORY PREMISES STILL BE CONSIDERED A VIOLATION OF THE POSH ACT?

3/11/2023

0 Comments

 
Can inappropriate behavior occurring outside of the factory premises still be considered a violation of the POSH Act?
Yes. 

 
The inappropriate behavior that occurs outside the workplace but has a nexus to the workplace can still be considered a violation of the POSH Act.
 
As per section 2 (o) (v) of the Act, the workplace includes: any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey.
 
In line with this, if a woman employee is subjected to inappropriate behavior by a co-worker, supervisor, or customer during a work-related event or on work-related travel, it will be considered a violation of the POSH Act.
Picture
0 Comments

CAN A PERSON FILE A COMPLAINT OF SEXUAL HARASSMENT ANONYMOUSLY UNDER POSH?

3/11/2023

0 Comments

 
Can a person file a complaint of sexual harassment anonymously under POSH?
Yes.

The POSH Act allows a person to file a complaint of sexual harassment anonymously. The act allows this to protect the identity of the person making the complaint. This can help the complainant to feel more secure in making the complaint, especially in cases where the complainant may be concerned about victimization.

Anonymity can also encourage more people to come forward and report incidents of sexual harassment, which can help to create a safer and more respectful workplace for everyone.

The POSH Act recognizes the need for confidentiality in such cases, and complainants have the option to request the ICC not to reveal their identity during the inquiry.

However, it is essential to note that submitting an anonymous complaint may affect the credibility of the complaint and investigation. This may limit the ICC's ability to gather evidence and conduct a thorough investigation.
Picture
0 Comments

IN OUR COMPANY, WE HAVE TEN MALE EMPLOYEES AND NO FEMALE EMPLOYEES. IS IT NECESSARY TO CONSTITUTE AN INTERNAL COMMITTEE UNDER THE POSH ACT, 2013?

3/11/2023

0 Comments

 
In our company, we have ten male employees and no female employees. Is it necessary to constitute an Internal Committee under the POSH Act, 2013?
→Yes.


→If a workplace does not have any female employees, it is still necessary to constitute an Internal Committee (IC) under the Prevention of Sexual Harassment (POSH) Act, 2013.

→The POSH Act mandates that every workplace with ten or more employees, regardless of gender composition, must establish an IC to address and prevent sexual harassment in the workplace.
Picture
0 Comments

THE AGGRIEVED WOMAN REQUESTED THE INTERNAL COMMITTEE (IC) OF POSH TO ALLOW ADVOCATE TO REPRESENT IN THE INQUIRY PROCESS. IS THIS VALID?

3/11/2023

0 Comments

 
The aggrieved woman requested the Internal Committee (IC) of POSH to allow Advocate to represent in the inquiry process. Is this valid?
→NO.


→As per the POSH Act, 2013, both the parties to the complaint are not permitted to bring their Advocates/Legal Practitioners to participate in the IC Inquiry Process.
Picture
0 Comments

THE COMPANY FORMED THE ICC TO MEET THE REQUIREMENTS OF THE POSH ACT – BUT IT DID NOT INCLUDE AN EXTERNAL MEMBER. IN THIS SITUATION, IS THE COMMITTEE VALID?

3/11/2023

0 Comments

 
The Company formed the Internal Complaints Committee (ICC) to meet the requirements of the POSH Act - 2013, but it did not include an external member. In this situation, is the committee valid? 
NO. 

As per the POSH Act of 2013, every ICC must include at least one external member who is not associated with the organization or does not work in the same industry.
Picture
0 Comments

INSTANCES OF WEIRD OCCURRENCES WHICH NOT COVERS UNDER POSH ACT ?

3/11/2023

0 Comments

 
A supervisor complains to HR that one of the female team members is often idle in her workstation without performing the assigned tasks. HR asked him to provide proof for the same. To provide evidence, the supervisor took a photo of the female team member while she was not working at her workstation. The female team member objected to the supervisor's act and reported as sexual harassment to the IC. Is it valid?
→The complaint is not valid as the POSH Act, 2013 defines sexual harassment as any unwelcome physical, verbal, or non-verbal conduct of a sexual nature that could create an intimidating, hostile, or offensive work environment.

→The points because the complaint is not valid are:
  • The behaviour of the supervisor is not unwelcoming. 
  • The supervisor's act was not of a sexual nature. 
  • The supervisor has not created any hostile work environment which interferes with her ability to work in a comfortable and safe environment.
  • The act of supervisor is free from a gender-based approach.
Picture
0 Comments

CAN ICC FORWARD SEXUAL HARASSMENT COMPLAINT TO THE POLICE WITHOUT THE CONSENT OF THE AGGRIEVED WOMAN?

3/11/2023

0 Comments

 
Can ICC forward sexual harassment complaint to the police without the consent of the aggrieved woman?
→No.

→Under the POSH Act, 2013, the Internal Complaints Committee (ICC) cannot forward a complaint of sexual harassment to the police without the consent of the aggrieved woman.

→The ICC is responsible for investigating complaints of sexual harassment and making recommendations for appropriate action within the organization.

→The ICC may refer a complaint to the police when a settlement has been agreed upon between the parties, but the respondent has failed to comply with the settlement terms.

→It is important to respect the confidentiality and privacy of the aggrieved woman during the ICC's proceedings and to ensure that her consent is obtained before taking any further action.
Picture
0 Comments

THE HR MANAGER TELLS THE AGGREIVED WOMAN NOT TO COMPLAIN TO THE ICC ABOUT SEXUAL HARASSMENT AND THAT HE WILL HANDLE IT. IS IT VALID?

3/11/2023

0 Comments

 
The HR manager tells the aggrieved woman not to complain to the ICC about sexual harassment and that he will handle it. Is it valid?
No. 

It is not valid for the HR Manager to tell an aggrieved woman not to give a complaint to the Internal Complaints Committee (ICC) and that he will handle it himself.
Picture
0 Comments

CAN AN EMPLOYER FORFEIT THE GRATUITY PAYABLE TO AN EMPLOYEE TERMINATED ON THE GROUNDS OF SEXUAL HARASSMENT OF A WOMAN?

3/11/2023

0 Comments

 
Can an employer forfeit the gratuity payable to an employee terminated on the grounds of sexual harassment of a woman?
YES.


Under the Payment of Gratuity Act 1972, an employer must pay gratuity to an employee who has completed at least five years of continuous service with the company.

Sexual harassment can be considered a form of moral turpitude. On the ground of moral turpitude, in the above case, the gratuity payable to the employee may be forfeited.

Moral turpitude refers to conduct contrary to the accepted rules of morality and involves dishonesty, fraud, or other forms of depravity. 
Picture
0 Comments

DOES A MALE COLLEAGUE SHOUTING ANGRILY AT A FEMALE CONSTITUTE SEXUAL HARASSMENT?

2/28/2023

0 Comments

 
Does a male colleague shouting angrily at a female constitute sexual harassment?
No.

Shouting in anger at a woman by a male colleague may not be covered under sexual harassment, unless the shouting is accompanied by behavior that is sexually explicit, unwelcome, or creates a hostile work environment.

Sexual harassment is defined in the POSH Act of 2013 as unwelcome sexual conduct, which could be verbal, non-verbal, or physical.
Picture
0 Comments

WHAT IS QUID PRO QUO?

2/28/2023

0 Comments

 
What is Quid Pro Quo?
In the context of sexual harassment, quid pro quo refers to a situation in which a person in a position of authority, such as a supervisor or manager, demands sexual favors from a subordinate in exchange for job benefits or protection from negative job consequences.
Picture
0 Comments

DOES A COMPANY VISITOR WHO IS SEXUALLY HARASSED FALL UNDER THE SCOPE OF SEXUAL HARASSMENT UNDER THE POSH ACT?

2/28/2023

0 Comments

 
Does a company visitor who is sexually harassed fall under the scope of sexual harassment under the POSH Act, 2013?
YES
Picture
0 Comments

CLARIFICATION ON ACTS THAT DO NOT CONSTITUTE THE SEXUAL HARASSMENT

2/28/2023

0 Comments

 
A married female colleague congratulated the boss on his promotion through a WhatsApp message. He expressed his happiness in reply with heart emoji ❤️. Can this act of the boss be considered sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redress) Act, 2013 (POSH Act)?
Under the POSH act, the described action is unlikely to be considered sexual harassment.
Picture
0 Comments

WHICH ARE THE ACTS THAT CONSTITUTES SEXUAL HARASSMENT ?

1/24/2023

0 Comments

 
  • Any unwelcome acts or behaviour – directly or by implication including 
  • Physical contact and advances 
  • A demand or request for sexual favours
  • Making sexually coloured remarks 
  • Showing pornography 
  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
  • Implied or explicit promise of preferential treatment in employment
  • Implied or explicit threat of detrimental treatment in employment 
  • Implied or explicit threat about her present or future employment status 
  • Interference with her work or creating an intimidating or offensive or hostile work environment for her 
  • Humiliating treatment likely to affect her health or safety​

Read More
0 Comments

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

1/20/2023

0 Comments

 
Picture
Dr. G.P. Naik
Principal Consultant, Talent Avenues, Bangalore 
Even though the concept of sexual harassment is as old as the history of mankind, its implication at the work place has received attention in recent times. In fact until the   verdict in Vishaka Vs. State of Rajasthan (1997) case by the Supreme Court of India in 1997, there were no official guidelines to deal with the subject.  The case relates to an alleged gang rape of a social worker in a village of Rajasthan.  In this case the court opined that sexual harassment at work place amounts to violation of individual rights guaranteed under Article 14 (equality before law); 15 (prohibition of discrimination on the ground of sex,); 19 (right to practice freely any profession, trade or occupation); 42 (provision for humane conditions of work), and the citizens duties under Article 51A to renounce practices derogatory to the dignity of women.

Read More
0 Comments

    Welcome to our HR and Labour Law blog!
    ​We invite you to share your articles, book reviews, or any content related to labour laws and human resources. We will publish your contributions on our blog and circulate them among the HR community. Together, let’s share knowledge and foster growth in the HR and labour law domain.
    Kindly send to below
    Email:

    [email protected]

    Categories

    All
    Book Review
    General
    Human Resource
    Labour Laws
    Learning Series By Shekhar Ganagaluru
    PoSH


    Stay updated and informed by joining our WhatsApp group for HR and Employment Law Classes - Every Fortnight. The Zoom link for the sessions will be shared directly in the group.
    Picture
    Join Here

    Niruta Publications

    Social Workers- Karnataka

    Leaders Talk

    Picture

    MHR LEARNING ACADEMY

    Get it on Google Play store
    Download App
    Online Courses

    Editor's Blog
    Blog
    English Articles
    Kannada Articles

    Picture
    More Details



    RSS Feed

Niruta Publications Books List
File Size: 672 kb
File Type: pdf
Download File

Social Work Books
File Size: 116 kb
File Type: pdf
Download File

HR Books
File Size: 87 kb
File Type: pdf
Download File

General Books
File Size: 195 kb
File Type: pdf
Download File



SITE MAP


Site

  • HOME
  • ABOUT US
  • BLOG
  • COLLABORATE WITH NIRUTA PUBLICATIONS
  • HR BLOG
  • PUBLICATION WITH US
  • TRANSLATION & TYPING
  • VIDEOS
  • HR & EMPLOYMENT LAW CLASSES - EVERY FORTNIGHT

POSH

  • OUR ASSOCIATES
  • OUR CLIENTS
  • POSH
  • POSH BLOG​
  • WANT TO BECOME AN EXTERNAL MEMBER FOR AN IC?

NIRATHANKA

  • ​CSR
  • TREE PLANTATION PROJECT

OUR OTHER WEBSITES

  • WWW.HRKANCON.COM
  • WWW.MHRSPL.COM
  • WWW.NIRATANKA.ORG​

Subscribe


Picture
More Details

Copyright Niruta Publications 2021,    Website Designing & Developed by: www.mhrspl.com