POSH
The sexual harassment of women at workplaces (prevention, prohibition and redressal) Act commonly known as the POSH Act was passed in 2013 and it defined sexual harassment, lay down the procedures for compliant and inquiry, and action to be taken in section of sexual harassment.
DASLEGAL has a primary objective to safeguard the women from such atrocities and as well to safeguard men from being framed illegally and the legislation also cast mandatory duties on the employer to provide safe working employment at the workplaces. Our team has provided extensive service to our client towards the litigation under the said act. Since it is well aware that sexual harassment is a very sensitive topic which requires a clear understanding of the POSH laws and our team provides in-house consultancy to the corporate and other industries to enable them to get educated on the said law. Our team provides advisory including assisting with the investigation process in a time bound manner and help organisations comprehend and mitigate the legal risks associated with such sensitive matters. Following are the services provided by DASLEGAL under POSH law –
i) Drafting of POSH policies, guidelines, training manuals, annual reports for organisations;
ii) Conducting training sessions and awareness programmes with the employees of our client at their place and apprising them about their obligation and rules, procedure for addressing any sexual harassment complaint, the powers and duties on the internal complaint committee members (ICC members) etc. as enshrined under the POSH act read with the POSH rules.
iii) Providing services as an external member of the internal committee to clients and subsequently participating in the enquiry hearings pertaining to sexual harassment complaints and ensure that the inquiry hearings and thefindings arrived at by the ICC members are in accordance with the POSH laws in India.
iv) Providing guidance an advice to our clients to ensure that not only they are duly complying with the provisions under the POSH act but also with the necessary order, circulars, notifications, passed by the respective state government or central government from time to time in relation to POSH.
A demand or request for sexual favours; Making sexually coloured remarks; Showing pornography; Any other unwelcome physical, verbal or non- verbal conduct of a sexual nature.
In conclusion, the Internal Committee is an important component of the POSH act aims to protect employees from sexual harassment in the workplace. The IC is a body that is constituted within an organization to address and resolve complaints of sexual harassment.
A workplace or place of employment is a location where people perform tasks, jobs and projects for their employer. Types of workplaces vary across industries and can be inside a building or outdoors. Workplaces can be mobile, and some people may work in different locations on various days.
Such complaint has to be filed within 3 months of the incident with respective internal complaints committee or the local complaints committee. However, any woman is unable to file the complaint herself due to medical or any other reason, her legal heir can file a complaint on her behalf.
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