Legal advice
4 weeks ago
The victim sent a complaint letter to HR saying that she is quitting her job due to harassment. And since there was no information about the posh policy of the company, the victim did not file a legal case against the accused. The victim asked the HR to take action against the accused in the company.
Does the final report mention the action taken against the accused?
And what action was taken by the company against the accused in the final report. Is this final report given to the victim?When should posh policy training be given to employees in every company. And if a female employee who has been working in a company for 4-5 years has not been given posh training even once, what should be done?
A.Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the 'PoSH Act,' is a legislation in India aimed at creating safer work environments for women by addressing and resolving incidents of sexual harassment. Enforced by the Ministry of Women and Child Development since December 9, 2013, the law defines sexual harassment and establishes procedures for filing complaints and conducting investigations.
Under Section 9(1) of the Act, an aggrieved woman must file a written complaint of sexual harassment within three months from the date of the incident or the last incident in a series of occurrences. The complaint is lodged with the Internal Committee or the Local Committee, if the former is not constituted.
Until the Internal Inquiry Committee (IIC) submits a final report under Section 13 of the Act, determining the validity of the allegation, both the complainant and the accused receive a copy of the report. Based on the IIC's findings, the management decides on the appropriate action to be taken against the accused, in accordance with company policies or service rules.
Section 13(4) mandates that the employer must implement the recommendations of the IIC within sixty days of receipt. In case of dissatisfaction with the outcome, the aggrieved party can approach the designated District Magistrate or Assistant District Magistrate for further redressal under Section 5 of the Act.
Organizations in India are obligated to adhere to the provisions of the POSH Act, including providing training to employees. The POSH certification course is designed to ensure compliance with the Act's requirements for educating employees on preventing, prohibiting, and addressing sexual harassment at the workplace.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the 'PoSH Act,' is a legislation in India aimed at creating safer work environments for women by addressing and resolving incidents of sexual harassment. Enforced by the Ministry of Women and Child Development since December 9, 2013, the law defines sexual harassment and establishes procedures for filing complaints and conducting investigations.
Under Section 9(1) of the Act, an aggrieved woman must file a written complaint of sexual harassment within three months from the date of the incident or the last incident in a series of occurrences. The complaint is lodged with the Internal Committee or the Local Committee, if the former is not constituted.
Until the Internal Inquiry Committee (IIC) submits a final report under Section 13 of the Act, determining the validity of the allegation, both the complainant and the accused receive a copy of the report. Based on the IIC's findings, the management decides on the appropriate action to be taken against the accused, in accordance with company policies or service rules.
Section 13(4) mandates that the employer must implement the recommendations of the IIC within sixty days of receipt. In case of dissatisfaction with the outcome, the aggrieved party can approach the designated District Magistrate or Assistant District Magistrate for further redressal under Section 5 of the Act.
Organizations in India are obligated to adhere to the provisions of the POSH Act, including providing training to employees. The POSH certification course is designed to ensure compliance with the Act's requirements for educating employees on preventing, prohibiting, and addressing sexual harassment at the workplace.
Helpful
Helpful
Share
A.Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an investigation, as well as the measures to be taken. As per Section 9(1) of the Act, any aggrieved woman may make, in writing, a complaint of sexual harassment at the workplace to the Internal Committee if constituted, or the Local Committee, in case it is not so constituted, within three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Until and unless a final report u/s,13 of The Sexual Harassment of Women at Workplace(P P &R) Act, 2013 on a complaint over sexual harassment made by the victim is submitted by the Internal Inquiry Committee (IIC) proving or disproving her allegation providing a copy of the final report both to the complaintant and the accused. Based on the final report of the IIC proving or disproving the allegation, the management decides the punishment to be awarded to the accused or his acquittal from the charge as per company policy/service rules. Section 13 (4) of the POSH Act provides that the employer shall act upon the recommendations of IIC within sixty days of its receipt. Aggrieved party may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of his/her grievance. It is mandatory for organizations in India to comply with the POSH Act, including providing training to employees. The POSH certification course is designed specifically to help organizations stay compliant with the mandated education as directed under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an investigation, as well as the measures to be taken. As per Section 9(1) of the Act, any aggrieved woman may make, in writing, a complaint of sexual harassment at the workplace to the Internal Committee if constituted, or the Local Committee, in case it is not so constituted, within three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Until and unless a final report u/s,13 of The Sexual Harassment of Women at Workplace(P P &R) Act, 2013 on a complaint over sexual harassment made by the victim is submitted by the Internal Inquiry Committee (IIC) proving or disproving her allegation providing a copy of the final report both to the complaintant and the accused. Based on the final report of the IIC proving or disproving the allegation, the management decides the punishment to be awarded to the accused or his acquittal from the charge as per company policy/service rules. Section 13 (4) of the POSH Act provides that the employer shall act upon the recommendations of IIC within sixty days of its receipt. Aggrieved party may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of his/her grievance. It is mandatory for organizations in India to comply with the POSH Act, including providing training to employees. The POSH certification course is designed specifically to help organizations stay compliant with the mandated education as directed under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Helpful
Helpful
Share
Read Related Answers
Termination shown as resignation, done salary adv recovery from my FnF
Dear Client,
While the PoSH Act, 2013 explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious accusation. It provides...
Legally advice for sexual harassment case
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
If any male person has trapped
Dear Client,
While the POSH Act, 2013 explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious accusation. It provides a...
I want to enquire about posh complaint against me
Dear Client,
The consequences of asking a colleague for a casual hookup can vary depending on the workplace policies, the nature of your relationship with the colleague, and the local laws and regul...
Law regarding consumption of alcohol during office hours
Dear Client,
Any woman facing sexual harassment at the workplace can register their complaint under Sec.9 of the Sexual Harassment of Women at Workplace(PP&R) Act 2013 before the ICC(Internal Complain...
Read Blogs on Sexual Harassment at Workplace
Sexual Harassment at Workplace Lawyers
Find Lawyers by Location
