Sheemon Kostal’s Post

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

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

Key POSH Act Cases: Defining Workplace Harassment and Legal Precedents 1. Same-Sex Harassment Case Overview: An employee filed a sexual harassment complaint against a same-gender colleague. The ICC found the respondent guilty. Challenge: The respondent argued the POSH Act doesn't cover same-gender harassment. Court's Ruling: The Calcutta High Court ruled that the POSH Act includes same-gender harassment, recognizing societal changes. Reference: Dr. Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College and Ors. 2. Definition of Workplace in the Digital Work World Case Overview: An employee filed a complaint against a colleague in another state. The bank's disciplinary authority conducted an inquiry. Challenge: The accused argued the harassment didn't occur at the workplace and happened after work hours. Court's Ruling: The court ruled that digital communication makes different branches a single workplace, and harassment can occur after hours. Reference: Sanjeev Mishra vs. Disciplinary Authority & General Manager 3. Improper Constitution of Internal Complaints Committee (ICC) Case Overview: A student filed a complaint, but the ICC was improperly constituted per AICTE regulations. Challenge: The complainant argued the ICC didn't meet composition requirements. Court's Ruling: The court set aside the ICC's report, emphasizing regulatory compliance. Reference: Ruchika Kedia vs. The Internal Complaints, Goa Institute of Management 4. Victim’s Testimony Sufficiency Case Overview: A guest instructor was found guilty of molestation based on the victim's testimony. Challenge: The respondent argued the testimony alone was insufficient. Court's Ruling: The court ruled a credible victim's testimony is sufficient in a departmental inquiry. Reference: Bhuwan Chandra Pandey vs. Union Of India And Others 5. Internal Committee and Moral Policing Case Overview: An employer's harassment complaint was dismissed, but the ICC recommended disciplinary action for inappropriate conduct. Challenge: The complainant challenged the ICC’s recommendation and the chargesheet. Court's Ruling: The court ruled the ICC can't recommend actions for consensual relationships. Reference: Bibha Pandey vs. Punjab National Bank and Ors. #POSHAct #WorkplaceSafety #SexualHarassment #LegalPrecedents #GenderEquality #WorkplaceEthics #EmployeeRights #HarassmentPrevention #InclusiveWorkplace #DigitalWorkplace #EmploymentLaw #WorkplaceJustice #LegalAwareness #HRCompliance #WorkplaceCulture

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

𝐈𝐧𝐜𝐫𝐞𝐚𝐬𝐞 𝐢𝐧 𝐏𝐨𝐒𝐇 𝐂𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭𝐬 𝐒𝐮𝐫𝐩𝐚𝐬𝐬𝐞𝐬 𝐑𝐞𝐬𝐨𝐥𝐮𝐭𝐢𝐨𝐧 𝐑𝐚𝐭𝐞𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚 𝐈𝐧𝐜 Recent data indicates a significant rise in complaints under the Prevention of Sexual Harassment (PoSH) Act in Indian corporations, outpacing the resolution rate. Despite mandatory compliance and the establishment of Internal Complaints Committees (ICCs), many organizations struggle with timely investigations and resolutions, leading to a backlog of unresolved cases. The primary challenges include maintaining confidentiality, handling electronic evidence, and ensuring unbiased investigations by ICC members. 𝐊𝐞𝐲 𝐓𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬: 𝐌𝐚𝐧𝐝𝐚𝐭𝐨𝐫𝐲 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞: Organizations with over 10 employees must adhere to PoSH regulations, including forming ICCs and establishing clear procedures for complaint handling. 𝐈𝐧𝐜𝐫𝐞𝐚𝐬𝐞 𝐢𝐧 𝐂𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭𝐬: There is a notable rise in sexual harassment complaints, highlighting the need for more efficient resolution mechanisms. 𝐂𝐡𝐚𝐥𝐥𝐞𝐧𝐠𝐞𝐬 𝐢𝐧 𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭: ICCs face difficulties managing and verifying electronic evidence like WhatsApp messages and emails. 𝐁𝐢𝐚𝐬 𝐚𝐧𝐝 𝐂𝐨𝐧𝐟𝐥𝐢𝐜𝐭 𝐨𝐟 𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭: Ensuring unbiased investigations is critical, necessitating regular training for ICC members. 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐒𝐮𝐩𝐩𝐨𝐫𝐭: Organizations must support complainants, including protection against retaliation and potential transfers if necessary. Addressing these challenges is crucial for creating a safer and more respectful work environment in India. Regular training, awareness programs, and stringent adherence to PoSH guidelines are essential for improving the effectiveness of complaint resolutions. #Poshact #IndiaInc #sexualharassment #InternalComplaintsCommittees #corporatetraining #employeetraining

#sexualharassment case: When 56-57 years old files a complaint under PoSH ACT, she has to face lots of hatred & misunderstandings & non supportive colleagues. Few imp points of complaint was: Her supervisor asked other staff members not to talk, help or support the complainant. For many days supervisor did not gave her any work.. Office help was instructed not to clean her desk. Yes, all the above are covered under PoSH act. Sexual harassment does not only mean touching or asking for sexual favours, the definition & scope is much wider. Not everyone understands the Law nor able to make others understand it clearly. Again I am reiterating that filing a complaint or raising her voice or standing for herself is not easy. #poshact #poshcompliance #sexualharassment HR ASSOCIATION OF INDIA

The Supreme Court of India has laid down guidelines on sexual harassment at the workplace in the landmark case of Vishaka v. State of Rajasthan (1997). These guidelines, known as the Vishaka Guidelines, are: 1. Definition of Sexual Harassment: Includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. 2. Employer's Responsibility: Employers must prevent and address sexual harassment, provide a safe work environment, and display the policy. 3. Internal Complaints Committee (ICC): Employers must establish an ICC to investigate and address complaints. 4. Composition of ICC: ICC should have: - A presiding officer (senior woman employee) - Two members (one woman and one man) - One member from an NGO or other organization 5. Complaint Procedure: Complaints should be made in writing, and the ICC should investigate and submit a report within 90 days. 6. Action Against Perpetrators: Employers should take disciplinary action against perpetrators, including termination of service. 7. Confidentiality: Complaints and investigations should be kept confidential. 8. Awareness: Employers should conduct workshops and awareness programs. These guidelines were later codified into the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which expanded on the Vishaka Guidelines and provided a more comprehensive framework for addressing sexual harassment at the workplace. Jus Corpus

POSH Compliance – Submission of Annual Report in Gurugram by February 28 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) mandates the internal committee of each employer to prepare and submit an annual report to the District Officer for every calendar year. Read More - https://lnkd.in/gHR--Tni The deadline for submission of the annual report in Gurugram for every calendar year has been revised from April 30 to February 28, of the next year. All employers within the district of Gurugram are required to ensure timely compliance with this revised deadline in order to remain compliant with the POSH Act. If you have questions or would like additional information on the material covered herein, please contact: Abhijeet Das, Partner - LexCounsel, Law Offices Pragya Jain, Associate - LexCounsel, Law Offices https://lexcounsel.in/ Seema Jhingan LexCounsel, Law Offices Alishan Naqvee Sakshi Marken Priya Singh Ayush Rastogi Dimpy Mohanty Rupal Bhatia Saurav Chaudhary Iman Naqvi Anupriya Agarwal Grusha Mandhyani #newsletter #lawfirm #POSHCompliance #lexcounsel #WorkplaceSafety #AnnualReport #GurugramBusinesses #HRCompliance #LegalUpdates #WorkplaceEthics #SexualHarassmentPrevention #CorporateGovernance #IndianCorporateLaws #EmployeeWellbeing #WorkplaceCulture #GenderEquality

The importance of evidence in sexual harassment cases cannot be overstated. The Internal Committee (IC), formed under the POSH Act, often faces the challenge of proceeding with investigations without direct evidence or witnesses. Despite this, the IC must ensure a thorough investigation using detailed accounts, electronic records, indirect witnesses, and other methods. Decisions are based on the "preponderance of probability" standard, ensuring fairness and justice for all parties involved. Read the full article to learn more about how the IC handles cases with limited evidence and ensures justice: https://lnkd.in/g-33Cdru NoMeansNo Ravi Shastri Vipin Pachouri Dr. Himani Goswami Muskan Malhotra Parul Kataria HR ASSOCIATION OF INDIA HR Leaders #POSH #SexualHarassment #WorkplaceSafety #Evidence #Investigation #Justice #Compliance #ProfessionalDevelopment #POSHTraining #POSHCompliance

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… padmashakti consultancy #safeworkplaces #poshtraining #padmashaktifoundation #srhr #inclusion