Rekha Shukla’s Post

POSH UPDATE : The Government of the state of Haryana vide notification dated 20 December 2023, has directed all non-governmental organisations (including private companies) to submit additional documents and information to demonstrate their compliance with the POSH Act.. All Govt. & Non-Govt. organizations are required to submit the annual reports for this calendar year 2023 as per attached checklist below, latest by April 30th, 2024.   Considering that Haryana is a hub for a large number of multi-national companies operating in India, it is essential for those entities to take immediate steps to ensure compliance with the provisions of the POSH Act and the additional Haryana-specific reporting requirements.   The said Notification, majorly asks for the following:     1.    Organisations must provide information on whether they have prepared and implemented a POSH policy, along with the reference number for the policy. They must also provide information on whether the organisation has specified sexual harassment as misconduct under its employment contracts, service rules, or standing orders (if applicable). 2.    Organisations must provide information on whether they have displayed the following notices, and the locations within the workplace where the notices have been displayed: 3.    The organisation’s stance on sexual harassment and the consequences of engaging in such acts. 4.    Details of the members of the organisation’s Internal Committee (IC), displayed in Hindi, English and the regional language. 5.    A copy of these notices must also be submitted with the IC’s annual report. 6.    Organisations must provide details of any sexual harassment workshops, awareness programs or seminars undertaken during the calendar year. 7.    Organisations must provide details of processes in place to provide assistance to employees who have been sexually harassed in reporting to the IC and dealing with psychological and other effects of sexual harassment. 8.    Organisations must provide information on whether the organisation provides assistance to harassed individuals in filing a criminal complaint. 9.    Organisations must provide a copy of the order constituting the IC, along with information on the details of the IC members, any orientation programs held for them, and the facilities provided to the IC for dealing with sexual harassment proceedings. 10.                        Organisations must provide details as to whether the organisation has implemented the IC’s recommendations regarding interim measures and final award within the prescribed time period. #posh #gurugram #annualreport #deadline #poshcomply #compliance #workplace #sexualharassmentatworkplace #sexualharassment #law www.poshcomply.com

Sometimes it isn't easy to understand the legal terms for a common man!         The same goes for the POSH act. There are two most frequently used terms “aggrieved woman “ and respondent” in it. Let's understand this. - An aggrieved woman, according to the POSH (Prevention of Sexual Harassment) Act 2013, refers to any woman, regardless of her age or employment status, who alleges to have been subjected to sexual harassment. - This includes any unwelcome physical, verbal, or non-verbal conduct of a sexual nature. - Now the respondent, the respondent typically refers to any person who is accused of committing an act of sexual harassment. - This can include an employer, supervisor, co-worker, or any individual associated with the workplace where the alleged harassment occurred. - The respondent can be an employee of an organization or a third party.   The Act requires that appropriate actions be taken against the respondent if the complaint is substantiated, including disciplinary measures and penalties outlined in the Act.   Your thoughts………….. padmashakti consultancy #Respondent #Aggrievedwoman #poshtraining #padmashaktifoundation #srhr #inclusion

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

❓ Is a sexual harassment complaint valid under the POSH Act, 2013, if it's filed after the manager denied an increment citing poor performance? 💡 Under the POSH Act, 2013, a complaint of sexual harassment can still be valid even if it arises after an adverse employment decision, such as the denial of an increment due to poor performance, provided that the complaint is related to circumstances outlined in Section 3(2) of the Act. To determine the validity of the complaint, it is crucial to examine whether the adverse decision or the environment was linked to sexual harassment, as described in the law. #LabourLaw #Gratuity #EmploymentLaw #LegalInsights #HR #IR #BeGreat #LearnwithShekhar #Shekharganagaluru #HR #Labourlaws #BeGreatPoll #IDAct #Labourcodes #IRCode #SocialSecurityCode #OHSWCode #Wagecode

Let us further evaluate this conversation. What if the aggrieved person is the one who has resigned? Can a sexual harrasment compliant be filed under the PoSH Act after resignation or during the notice period? Does the IC have jurisdiction to accept and inquire into such a complaint? Why or why not? Have you come across such a situation? Tell us your thoughts or share your experiences in the comments. Tag your organization's external member on the Internal Committee to learn more!

❓ What constitutes a hostile work environment under the POSH Act, 2013, in the context of sexual harassment? 💡 A hostile work environment in the context of sexual harassment, as outlined in Section 3(2)(iv) of the POSH Act, 2013, refers to a workplace where unwelcome sexual behaviour, actions, or remarks create an intimidating, offensive, or hostile atmosphere for the woman. This behaviour can interfere with her ability to perform her work, making the workplace uncomfortable or distressing. #LabourLaw #Gratuity #EmploymentLaw #LegalInsights #HR #IR #BeGreat #LearnwithShekhar #Shekharganagaluru #HR #Labourlaws #BeGreatPoll #IDAct #Labourcodes #IRCode #SocialSecurityCode #OHSWCode #Wagecode

Understanding "Sexual Harassment" The recent judgments from the Kerala High Court and the Madhya Pradesh High Court shed light on critical aspects of sexual harassment in the workplace. The Kerala High Court reaffirmed that sexual harassment, as per the Prevention of Sexual Harassment (PoSH) Act, involves explicit or implied sexual advances or unwelcome behavior with a discernible 'sexual' tone. Without this element, the provisions of the PoSH Act may not apply. The court emphasized that the Act's definition of sexual harassment is inclusive, covering various forms of 'sexual' behavior or treatment. On a similar note, the Madhya Pradesh High Court emphasized that behaviors like commenting on attire, creating a hostile work environment through intimidating conduct, and offensive speech can constitute sexual harassment. The recent case resulted in significant compensation and directives for the employer, including compensation for emotional distress, lost wages, and punitive fines for not having an Internal Complaints Committee as mandated by the PoSH Act. These judgments underscore the importance of robust policies and mechanisms within organizations to prevent and address sexual harassment effectively. Creating safe and respectful workplaces is not just a legal obligation but a moral imperative for fostering a conducive work environment for everyone. Kindly provide your valuable insight on this in comments. #PoSHAct #SafeWorkplaces #EndSexualHarassment #RespectAtWork #WorkplaceEquality #HarassmentFreeWorkplace #DignityAtWork #WorkplaceSafety

#CalcuttaHighCourt Clarifies Interpretation of Sexual Harassment Under #POSHAct #POSH #India #KeyTakeaways A. #ContextMatters in Defining Sexual Harassment: - The Court acknowledged that terms like "#Sweety" and "#Baby" used by a superior might be deemed inappropriate by the Internal Complaints Committee (ICC) (as per the POSH Act). However, the mere use of such terms doesn't automatically constitute sexual harassment. Context and intent are crucial factors. B. "Unwelcome" #Conduct is Essential: - The POSH Act focuses on "unwelcome" behavior. In this case, the officer stopped using the terms after the employee expressed discomfort, potentially removing the "unwelcome" element. C. Importance of #ClearCommunication: - Open communication is vital in the workplace. If something makes you feel uncomfortable, speak up! It can prevent misunderstandings and foster a respectful environment. D. #EvidenceStrengthensComplaints: - The Court emphasized the lack of evidence for other allegations against the officer. Strong evidence supports a robust complaint. E. #Misuse of POSH Can Hinder Progress: - The Court cautioned that falsely using the POSH Act can create difficulties for women in the workplace. False accusations can damage reputations and hinder opportunities. F. Importance of a #BalancedApproach ⚖️ This case underscores the need for a balanced approach to implementing the POSH Act. It safeguards employees from harassment while ensuring fair treatment for those wrongly accused. #LetsDiscuss! This judgement highlights the complexities of workplace interactions. #POSHCompliance #WorkplaceSafety #OfficeEtiquette #CommunicationIsKey #SettingBoundaries #SpeakUp #WorkplaceLaw #HRCompliance #EmploymentLawIndia #LegalUpdates #POSHAwareness #WeCanStopHarassment #RespectAtWork #SafeWorkplaces

POSH FAQ 2/20 : Who handles complaints of sexual harassment at workplace? Ans : An IC, or Internal Committee(Internal Complaints Committee) at workplace. As per the POSH Act, Every workplace with 10 workers or more is required to set up an IC for the redressal of 'sexual harassment complaints at workplace. At Least half of the total IC members should be women. It must have at least four members, including: 1. A Presiding Officer - must be a senior-level female employee 2. Two Members - the employees. (those who support women's rights, have social work experience, or legal knowledge are preferred) 3. One Member - NGO member or works for women's rights, or knowledgeable about sexual harassment laws and issues.(external member- they are not employees) I'll discuss about the roles of IC members in my next post. Until then… Stay POSHtive😁 with my posts. Repost 🔁 to spread POSHitivity P.S :Did you know IC has power of a Civil Court 😯? #posh #POSHAct #safeworkplace #poshtrainer #poshawareness #poshexpert #WorkplaceSafety #GenderEquality #SafeWorkplaces #PreventSexualHarassment #RespectAtWork #EmployeeRights #GenderInclusion #CorporateResponsibility #HarassmentFreeWorkplace #HRCompliance #workplaceharassment #sexualharassment #safeworkculture #ICmembers #hrdirectors #HRprofessionals

Sometimes it isn't easy to understand the legal terms for a common man!         The same goes for the POSH act. There are two most frequently used terms “aggrieved woman “ and respondent” in it. Let's understand this. - An aggrieved woman, according to the POSH (Prevention of Sexual Harassment) Act 2013, refers to any woman, regardless of her age or employment status, who alleges to have been subjected to sexual harassment. - This includes any unwelcome physical, verbal, or non-verbal conduct of a sexual nature. - Now the respondent, the respondent typically refers to any person who is accused of committing an act of sexual harassment. - This can include an employer, supervisor, co-worker, or any individual associated with the workplace where the alleged harassment occurred. - The respondent can be an employee of an organization or a third party.   The Act requires that appropriate actions be taken against the respondent if the complaint is substantiated, including disciplinary measures and penalties outlined in the Act.   Your thoughts………….. Padma Kumari (पद्मा कुमारी) #Respondent #Aggrievedwoman #poshtraining #padmashaktifoundation #srhr #inclusion