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Prevention of Sexual Harassment AT Workplace

The document summarizes the Prevention of Sexual Harassment (POSH) Act in India. It defines sexual harassment and outlines the types. It also discusses causes and prevention methods like adopting clear policies, training, and monitoring. The POSH Act mandates that companies with 10+ employees form Internal Committees to address complaints. It outlines the complaint process and potential penalties for non-compliance. Overall, the POSH Act aims to provide a safe work environment free of sexual harassment.

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aarzoo dadwal
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254 views19 pages

Prevention of Sexual Harassment AT Workplace

The document summarizes the Prevention of Sexual Harassment (POSH) Act in India. It defines sexual harassment and outlines the types. It also discusses causes and prevention methods like adopting clear policies, training, and monitoring. The POSH Act mandates that companies with 10+ employees form Internal Committees to address complaints. It outlines the complaint process and potential penalties for non-compliance. Overall, the POSH Act aims to provide a safe work environment free of sexual harassment.

Uploaded by

aarzoo dadwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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PREVENTION

OF SEXUAL
HARASSMENT
AT
WORKPLACE
Workplace
Sexual Harassment

Workplace Sexual Harassment is


behaviour that is :

- UNWELCOME
- SEXUAL in nature
- A SUBJECTIVE experience
TYPES OF SEXUAL HARASSMENT
>Touching
PHYSICAL >Standing close
>Brushing up
>Blocking path
>Unwarranted gifts
>Making sexual >Whistling
gestures >Sexual jokes
>Innuendos

NON-
VERBAL
VERBAL
CAUSES OF SEXUAL
HARASSMENT
Mindset.
Lack of values
Improper Punishment
Misusing liberty
Improper response to
harassment complaints
Prevention of Sexual
Harassment
1. Adopt a clear sexual
harassment policy
2. Train Employees
3. Train Supervisors &
Managers
4. Monitor your
Workplace
5. Take your Complaints
seriously
What is POSH?
A law to prevent and
to provide protection
against, Sexual
Harassment of women
at the workplace as
well as redressal of
complaints of Sexual
Harassment.
Need
of
POSH
Law
ORIGIN & HISTORY

“Vishaka vs. State of Rajasthan”

•The Court stated the “Vishaka Guidelines”

•Sexual Harassment at Workplace Bill, was introduced


in 2007 in the Parliament. Later , which was changed
to Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Bill, in 2013.
PROVISIONS UNDER POSH
Whatis
the Workplace?
[section 2 (o)]

Any place visited by the employee in the


course of employment including
transportation is construed as the
workplace.

This includes:

● Company guest houses


● Hotel stay during official travel
● Client place, etc.
What does the Law mandate?
• For Employers:

 As per Section 4 of the Act, every company with 10 or more


employees must constitute an Internal Committee (IC). This
Committee must include:
Presiding Officer – Senior woman
employee from theworkplace/other
admin units/office/organisations.

IC 2 Members – Committed to the cause of


women/experience in social work/legal
knowledge

1Member – from an NGO/other


women’s organisation/familiar with
issues relating to sexual harassment.
• For Employees:

All employees of the organization


must undergo sensitization
training each year.
Irrespective of the intention of the
accused or the level of impact,
every incident has to be taken
seriously.
The Act requires employers to
conduct education and
sensitization programmes and
develop policies against Sexual
Harassment.
Filing a ComplaintProcess

Report Incident Complaint


(within 3 Months) to IC

Notify Respondent
(7 Days)

Does Yes
Get Response Respondent Settlement or Action
(10 Days) Agree? Punishment (60 Days)

No
Findings &
Recommendation
Enquiry Report
(90 Days)
Stakeholders in Prevention of Sexual
Harassment

Human Resource Manager


Senior Management
Employees
Penalties on Non Compliance
• When the employer fails to follow provisions of this Act or
any rules, they shall be punishable with fine of fifty
thousand rupees (INR 50,000).

• If any employer, after having been previously convicted of


an offence punishable under this Act, subsequently
commits same offence , he shall be liable to twice the
punishment.

• Extended penalties shall be


– Cancellation or withdrawal of his license.
– Non-renewal, or cancellation of the registration.
ActionAgainstHarassmentcanInclude

➦ Written disciplinary
warnings
➦ Demotion
➦ Suspension
➦ Termination
Reporting requirements under POSH
Law
The report should incorporate the following:
■ Number of complaints of sexual harassment
received in the year
■ Number of complaints disposed of during the year
■ Number of cases pending for more than 90 days
■ Nature of action(s) taken by the employer
■ Number of workshops or awareness programs
conducted against sexual harassment.
What Relief can be given to the Victim?
• The IC, as per Section 12 of the Act provides relief as transfer the aggrieved
person or the respondent to any other workplace or grant leave to person up
to a period of three months but only if the victim makes a written request.

Compensation–
While determining compensation, IC may take note of:

• mental trauma, pain, suffering and emotional distress caused to the victim;
• loss in career opportunity;
• medical expenses incurred by the victim for physical or psychiatric
treatment;
• income and financial status of the Respondent; and
• feasibility of such payment in lump sum or in instalments (Section 15).
Benefits of Conducting POSH Training
• Higher job satisfaction
• Higher productivity and
collaboration among employees
• Higher retention of valuable
employees and talent
• Improvement in workplace
culture
• Respect for colleagues
“Harassment does not disappear
on its own. In fact, if not
addressed, the harassment will
worsen and become more
difficult to remedy as time goes
on.”

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