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3 views

Posh

Uploaded by

Joel James Morely
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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INTERNSHIP WORK - POSH ACT 2013

· The Sexual Harassment of Women at Workplace (Prevention, Prohibition


and Redressal) Act, 2013 is India’s first law against prevention, prohibition,
and redressal of sexual harassment for women at the workplace The Act,
along with its rules, is collectively called the POSH law.

· The act applies to women working in the private, government, and informal
sectors.

· The POSH Act states that any organisation that has ten or more employees
should mandatorily constitute an Internal Committee (IC) to handle sexual
harassment complaints.

· Here are the duties of employers in enforcing the Vishaka guidelines:

· Provide a safe working environment.

· Display the penal consequences of workplace sexual harassment.

· Employees should undergo POSH training at least once a year.

· Conduct orientation programmes for the IC.

· Assist in any manner required to enable the aggrieved woman to receive


justice according to the law.

· At least one half of the IC should be women.

· If the company fails to comply with the act in the workplace, a fine of up to
Rs 50,000 can be imposed. Even after paying the fine, if the company still
doesn’t comply, the fine amount can be doubled. Along with it, the
government can cancel the license of the company. Failure to comply with
the Vishaka guidelines can also lead to the reputational loss.

· POSH Act defines the workplace as “any place visited by the employee
arising out of or during the course of employment, including transportation
provided by the employer for the purpose of commuting to and from the
place of employment”.

· Here are a few things that women should know about the POSH Act:

· Even if the harassment happens outside the office premises, if it will


interfere with the victim’s work or create a less-than-desirable workplace
environment, then the IC can initiate an inquiry.

· When employees work out of their homes, they are doing the company’s
work and having work-related interactions. Based on the POSH Act, in this
case, even the ‘home’ becomes a workplace. The POSH Act applies to
remote workplaces as well.

· The POSH Act says that the complaint can be filed with the IC within three
months of the incident (or the last incident). The IC can further extend this
time by another three months after which the IC will not have the power to
investigate it.

· The virtual world of WhatsApp, Facebook, SMSes, etc, also falls under the
definition of the workplace.

· If the incident happened through verbal communication, then CCTV


evidence or circumstantial evidence in the form of witness statements will
hold water.

· Any act or behaviour that is considered as “unwelcome” by the woman is


considered as sexual harassment.

BY

- JOEL JAMES

ST JOSEPHS COLLEGE OF LAW

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