Padma Kumari (पद्मा कुमारी)’s Post

Are you curious about the step-by-step action taken by the ICC/LCC upon receiving a complaint?       The ICC (Internal Complaints Committee) and LCC (Local Complaints Committee) are bodies established under the POSH Act, 2013, to address complaints of sexual harassment in the workplace in India.  Upon receiving a complaint, 1.    The committee acknowledges the receipt of the complaint to the complainant within a stipulated time frame, usually within three working days.   2.    The committee conducts a preliminary inquiry to determine whether the allegations made in the complaint if taken as true, constitute sexual harassment.   3.    If deemed necessary, the committee may recommend interim measures to ensure the safety and well-being of the complainant, such as changing work arrangements, reassignment, or providing counselling support.   4.    The respondent is provided with a copy of the complaint along with any relevant documents and is allowed to respond to the allegations within a specified timeframe.   5.    If the complaint warrants further investigation based on the preliminary inquiry, the committee conducts a detailed investigation into the allegations. This may involve interviewing the complainant, respondent, and witnesses, and gathering relevant evidence.   6.    The committee prepares a report based on the findings of the investigation, which includes a summary of the complaint, evidence collected, statements of the parties involved, and recommendations for action.     7.    Based on the investigation report, the committee deliberates and decides whether the allegations of sexual harassment are substantiated or not.   8.    If the committee finds the respondent guilty of sexual harassment, it recommends appropriate disciplinary action against the respondent as per the organization's policies and the provisions of the law.    This could range from counselling and warnings to termination of employment, depending on the severity of the misconduct. 9.    The committee communicates the decision to both the complainant and the respondent and ensures that any recommended actions are implemented.   Follow-up may also involve monitoring the situation to prevent retaliation or recurrence of harassment.   Follow-up also ensures compliance!   Your thoughts… Padma Kumari (पद्मा कुमारी) #safeworkplaces #poshtraining #padmashaktifoundation #srhr #inclusion

Sexual harassment at workplace in India - 2013 Act It's been over a decade since the inception of this law. One would think it's common knowledge by now, yet basic questions still arise, which both amuses and confuses me. Seizing the chance to shed light on it, we've penned down an article. Dive into it to grasp the significance of the PoSH law, crucial for everyone engaged in any form of work or business, no matter how big or small. Neglecting it is simply not an option! Kelp (formerly KelpHR) https://lnkd.in/g_mUEmWE

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act: *Objective:* To provide a safe and secure work environment for women, free from sexual harassment. *Key Provisions:* 1. Definition of Sexual Harassment: Includes unwelcome physical, verbal, or non-verbal conduct of a sexual nature. 2. Workplace: Covers all workplaces, including private and public sectors, NGOs, and educational institutions. 1. Employer's Responsibilities: - Establish an Internal Complaints Committee (ICC) - Conduct workshops and training - Display information on PoSH Act - Ensure confidentiality and protection from retaliation 2. Internal Complaints Committee (ICC): - Composition: 4-6 members (50% women, 1 external member) - Responsibilities: investigate complaints, provide interim relief, recommend action 3. Complaint Process: - Written complaint within 3 months - ICC investigation within 90 days - Recommendations to employer within 10 days 1. Penalties: - Employer: Failure to comply (up to ₹50,000 fine) - Accused: Employment termination, monetary compensation to victim *Important Features:* 1. Vicarious Liability: Employer liable for employee's actions. 2. Confidentiality: Protection for complainant and witnesses. 3. Time-bound Process: Ensures swift resolution. *Amendments:* 1. 2018: Expanded definition of workplace to include virtual/remote workplaces. 2. 2020: Mandatory registration of ICC with Ministry of Corporate Affairs. *Implementation:* 1. Mandatory for organizations with 10+ employees. 2. ICC must submit annual reports to employer and District Officer. *Compliance Checklist:* 1. Establish ICC 2. Conduct training and workshops 3. Display PoSH Act information 4. Ensure confidentiality 5. Maintain records *Consequences of Non-Compliance:* 1. Fine (up to ₹50,000) 2. Reputation damage 3. Legal action *Resources:* 1. Ministry of Women and Child Development (MWCD) 2. National Commission for Women (NCW) 3. Indian Law Ministry

Urgent Reminder - that from 26 October all employers will be required to ensure they take reasonable steps to prevent sexual harassment at work. Failure to take these steps could result in enforcement action by the EHRC and/or a significant uplift in compensation in the event of a successful harassment claim. If you have not yet thought about what those steps mean for your business then you need to move this to the top of your to do list! The below guidance from the EHRC is a really helpful starting point, but there is lots to do - including a proper risk assessment, consultation with staff to get their views, making sure you have robust policies and processes in place to deal with any issues and of course training for all staff. You also need to think carefully about how you can mitigate any risk of sexual harassment by third parties. Shout if you need any help! #EmploymentLaw #HR

Section 4 of the Sexual Harassment at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “PoSH Act”) requires each employer to set up an Internal Committee (IC), led by a woman who holds a senior position at the company, along with two other employees and one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment. Any complaint of sexual harassment must be inquired into by the IC as per the requirements of the PoSH Act. On completion of the inquiry the IC must submit the findings report to the management of the company, which must then take appropriate action against the respondent (the target of the complaint), assuming they are found guilty.   But what next? A party who feels wronged (a complainant whose complaint has been dismissed, or a respondent who has been found guilty) can appeal against the findings of the IC under Section 18 of the Act. The section does not require that an organisation have an appellate authority, but where it does, the party must lodge their appeal with that authority. Where the organisation does not have an appellate authority, the appeal must be lodged with the appellate authority designated under Section 2(a) of the Industrial Employment (Standing Orders) Act, 1946. This is the Additional Labour Commissioner (in Karnataka), who is a senior officer of the Labour Department, Government of Karnataka. This is under Rule 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 framed under the PoSH Act. Having an appellate authority can have some advantages for an organisation. Having an appellate authority, as part of a larger well-structured disciplinary mechanism, can help inspire confidence in the company’s work culture and ethics. Importantly, having an internal appellate authority can help the company comply with the obligations of confidentiality laid down in the PoSH Act. #PoSH #SexualHarassment #Workplace #InternalCommittee #IC #Redressal #LegalRights #Compliance #LabourLaws #Appeal #BCPA #BCPAInsights

"From 26 October 2024, employers will have a positive obligation to actively prevent sexual harassment by implementing reasonable preventive measures. "The law will require employers to take 'reasonable steps' to prevent harassment of a sexual nature against employees in the course of their employment. "Despite the reference to 'employment,' this duty will apply not only to internal employees, but also in relation to any temporary workers you engage. "This means that staffing agencies could be liable for harassment carried out by the end-client against an agency worker on an assignment. "Agencies should therefore satisfy themselves that their clients have reasonable preventive measures in place to prevent harassment in the workplace..." (Source: https://lnkd.in/g3Hq5DT4) #sexualharassment #hr #mentalhealth #wellbeing #temporaryworkers #recruiters #peoplepolicies #workculture #tempagencies

Our CEO, Lisa Murphy FCIPD was recently asked to comment on this important article relating to sexual harassment for People Management magazine earlier this week. The article explores a recent survey from Unison, which exposes appalling levels of sexual harassment being faced by NHS staff, with over half of incidents not being reported. At Limelite HR we often manage cases relating to this topic, and with the law changing later this year, creating a legal responsibility for employers to prevent sexual harassment, organisations must review their approach to managing not just the processes in place but also the culture around this. ‘Murphy advised that organisations should “go beyond just having a policy and complaints process”. “They need to examine their culture and what behaviours are commonplace, and identify how safe people feel to raise difficult issues. “Organisations need to think about what boundaries are being set when it comes to acceptable behaviour, what language is allowed and what is challenged, what kinds of behaviours are disciplined or let to continue.”’ Read the full article below. Our next Limelite HR & Learning webinar, next Wednesday at 12.30, explores this important topic and what steps employers can consider taking to prevent sexual harassment in the workplace ahead of the legal changes. Sign up here: https://lnkd.in/eBvB-jB6 Read the article here: https://lnkd.in/eJan2G5T #hrwebinar #hrsupport #emloymentlaw #hr

Understanding the Internal Complaints Committee (ICC) under the POSH Act: In India, the Prevention of Sexual Harassment (POSH) Act mandates the establishment of an Internal Complaints Committee (ICC) in organizations. Composition of the ICC under section 4: 1. Presiding Officer : a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace. Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation. 2. Two ICC Members : Not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge. 3. One member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment. PROVIDED that at least one-half of the total Members so nominated shall be women. The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer. #HumanResources #HR #Growth #POSH #SexualHarassment #Act #Legal #Compliances Yours in Progress Sheemon Human Resources Consultant

❗️Important for all employers❗️ You may be aware that the new legal duty to prevent sexual harassment at work comes into effect this month (26th Oct). The Equality and Human Rights Commission have just updated their 'Technical Guidance on Sexual Harassment and Harassment at Work'. It's very comprehensive so will take a while to properly work through, but as well as explaining the current law and the new changes from this month, it includes loads of practical guidance on what steps employers should be taking. If you have a dedicated HR/People Team, then someone from that team will need to set aside a chunk of time asap to work through this. If you don't have dedicated HR, then someone else in your business will need to do so, then come up with an action plan. As the Guidance suggests, the starting point is to carry out a risk assessment, relating to the risks of harassment, sexual harassment and victimisation. The EHRC suggest employers tailor their existing H&S risk assessment frameworks for this. For most employers, there's much to do - and this could be an opportunity to improve prevention of all types of workplace harassment and discrimination. We look forward to discussing this with our Ethical Business HR Forum later this week. Grasp the nettle 🌱 #SexualHarassment #EmploymentLaw #HR #PeopleandCulture #Discrimination https://lnkd.in/evJKS-Kp

What do businesses need to do to comply with the new duty to take reasonable steps to prevent harassment? Last Friday the EHRC published its guidance to employers which sets out eight (non-exhaustive) steps to help employers to comply with the duty.  The key take-aways are that businesses should: - Be proactive: the duty includes anticipating scenarios where workers might be subject to sexual harassment. - Risk assess: it is unlikely that an employer could show that it complied with the preventative duty unless a risk assessment has been carried out. - Develop an effective (tailored) anti-harassment policy, which should be signposted from onboarding and easily accessible, and should adopt a zero-tolerance statement (which should be enforced). - Set up and monitor reporting procedures. - Ensure that staff are trained on sexual harassment (including how to safely intervene and report it) and that managers are trained to deal with complaints. - Keep records of formal and informal complaints to analyse the effectiveness of its policies. - Monitor and evaluate actions: there should be a process for reviewing the effectiveness of measures put in place and a timetable for refreshing the risk assessment and actions arising.   See my article, published last week for HCR Law, for a more detailed explanation of the new duty.  https://lnkd.in/eQGKhFQu