Sexual Harassment
1 week ago
Hi,
I need a consultation on Posh act which is done in IT company.
Incident:
A girl got sexually harassed during team dinner.
The Accused person while the girl was on drunk condition. By saying I’m gonna help you, he misused her by touching her thighs and groping while dropping her in bike and ended up taking up to some other home.
The company decision is biased and they are covering up everything by saying the accused person was just trying to help you.
Please give an advice on what can be done to get a justice for that girl. She’s depressed and left the job.
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 the workplace 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(IIC) 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:. Organizations in India must 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 Act. Here. since the woman employee is sexually harassed and abused by a colleague employee in the course of a dinner party arranged by the employees of the company outside the company's premises, a complaint of sexual harassment can be made to the IIC or the HR Head of the Company applying the doctrine of notional extension which can be invoked, only if the facts and circumstances are sufficient to connect the incidents, to establish that the victim sustained injury or death during
employment. So, once the victim made a complaint over sexual harassment to the management and on receipt of that if the company failed to initiate the necessary action following the provision of the POSH Act, the 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 the victim's complaint. The victim can also file a criminal suit against the person who committed the heinous crime with a female colleague under Section 354 of IPC which deals with assault or criminal force on woman with intent to outrage her modesty seeking appropriate relief. The victim can also bring the matter to the notice of the Chairperson of, the National and State Women Commission by way of a complaint who is empowered to investigate complaints related to atrocities faced by women in distress by sending an email to [email protected] or filing an online complaint.
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 the workplace 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(IIC) 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:. Organizations in India must 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 Act. Here. since the woman employee is sexually harassed and abused by a colleague employee in the course of a dinner party arranged by the employees of the company outside the company's premises, a complaint of sexual harassment can be made to the IIC or the HR Head of the Company applying the doctrine of notional extension which can be invoked, only if the facts and circumstances are sufficient to connect the incidents, to establish that the victim sustained injury or death during
employment. So, once the victim made a complaint over sexual harassment to the management and on receipt of that if the company failed to initiate the necessary action following the provision of the POSH Act, the 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 the victim's complaint. The victim can also file a criminal suit against the person who committed the heinous crime with a female colleague under Section 354 of IPC which deals with assault or criminal force on woman with intent to outrage her modesty seeking appropriate relief. The victim can also bring the matter to the notice of the Chairperson of, the National and State Women Commission by way of a complaint who is empowered to investigate complaints related to atrocities faced by women in distress by sending an email to [email protected] or filing an online complaint.
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A.Dear Client,
it is a case of POSH, but since it is happened outside the premise of the workplace the victim can also file a direct case of sexual harassment under sec 354 of IPC at the police station if the employer is not ready to take in action against the employee. additionally she can file a complaint against the workplace for non compliance with the POSH policies.
it is a case of POSH, but since it is happened outside the premise of the workplace the victim can also file a direct case of sexual harassment under sec 354 of IPC at the police station if the employer is not ready to take in action against the employee. additionally she can file a complaint against the workplace for non compliance with the POSH policies.
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