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Niruta Publications

INSTANCES OF WEIRD OCCURRENCES WHICH NOT COVERS UNDER POSH ACT ?

3/11/2023

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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.
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