CEO & Co-founder at Kelp, Social Entrepreneur, Storyteller, DEI, PoSH, Sexual Harassment at Workplace, Diversity, Equity & Inclusion, DEI, LGBTQI+ Ally, Unconscious Bias, Leadership & Life Coach
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
Did you know? New legislation came into effect on at the end of October 2024 that impacts how businesses must prevent sexual harassment—both internally and from third parties.
This means documented risk assessments and training records are now essential to stay compliant and prevent tribunal claims.
Find out more from our 9 point guide for SME’S on the Changes to Worker Protection (Amendment of Equality Act 2010) Act 2023
https://lnkd.in/ez5fjx39#HR#EmploymentLaw#manufacturing#smallbusiness#SocialCare#hospitality#employers
Did you know? New legislation came into effect on at the end of October 2024 that impacts how businesses must prevent sexual harassment—both internally and from third parties.
This means documented risk assessments and training records are now essential to stay compliant and prevent tribunal claims.
Find out more from our 9 point guide for SME’S on the Changes to Worker Protection (Amendment of Equality Act 2010) Act 2023
https://lnkd.in/e4fBB2Ap#HR#EmploymentLaw#manufacturing#smallbusiness#SocialCare#hospitality#employers
The Worker Protection and Sexual Harassment Policy is now in force as part of the Equality Act 2010.
Research has shown a recent increase in cases of sexual harassment in the workplace, with a number of high-profile cases hitting the headlines recently.
All employees have the right to feel safe and respected at work, and under the new law employers are accountable and are required to take proactive measures to prevent sexual harassment in the workplace.
Read more in our recent blog: https://lnkd.in/eBjbgMH8
The Worker Protection Act. Both employers and employees need to be alert to this new leglislation to ensure businesses are providing a safe working environment for all staff.
When we think sexual harassment in the workplace, managers need to be up to speed with both what constitutes sexual harrassment and their duty-of-care responsibilities to safeguard staff and act upon any allegations. Do you know what you'd need to do if this becomes a live issue in your organisation and what your responsibilities are?
#hr
Under the #POSH Act (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) in India, organizations must comply with several requirements related to policy drafting and display.
The key compliance points:
Policy Drafting
1. Anti-Sexual Harassment Policy: Every employer must draft a comprehensive policy against sexual harassment at the workplace. The policy should clearly define what constitutes sexual harassment and include examples to illustrate various forms of unacceptable behavior. It should detail the process for lodging a complaint, the procedure for inquiry, and the consequences of false complaints.
2. Roles and Responsibilities: The policy should outline the roles and responsibilities of the Internal Complaints Committee (ICC) members and the employer. It should specify measures for prevention, prohibition, and redressal of sexual harassment.
3. Support and Redressal Mechanism: The policy must provide information on the support mechanisms available to the complainant, such as counseling or legal assistance.
4. Confidentiality Clause: A clause ensuring confidentiality of the complaint, the complainant, and the proceedings should be included.
5. Anti-Retaliation Clause: The policy should explicitly prohibit retaliation against the complainant and witnesses.
Display and Communication
1. Display of Information: Employers are required to prominently display notices in the workplace about the POSH Act, the consequences of sexual harassment, and the contact details of the ICC members. These notices should be in languages understood by the majority of the employees.
2. Communication and Training: Regular awareness programs should be conducted to sensitize employees about their rights under the POSH Act and the procedures for lodging complaints.
3. Employee Handbook and Code of Conduct: The anti-sexual harassment policy should be included in the employee handbook and the company’s code of conduct.
4. Annual Report: Employers are required to file an annual report to the district officer and relevant authorities, detailing the number of cases filed and disposed of, and actions taken by the ICC.
#WorkplaceSafety#HarassmentPrevention#EmployeeRights#SafeWorkplace#WorkplaceEquality#EmployeeProtection#WorkplacePolicy#LegalCompliance#SafeWorkEnvironment#AntiHarassment#WorkplaceCulture#CorporateResponsibility#HRPolicies#law#humanresources
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
Moving from reactive to proactive: Preventing sexual harassment in the workplace, the responsibility of companies.
It is time for you to act and quick will be the better.
On 1 December 2023, amendments to the Sex Discrimination Act 1984 (Cth) introduced a positive obligation on employers to prevent sexual...
At Dentons, they help you to solve #harassment troubles.
At CorpoRank, we help you to discover and measure if you are concerned.
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