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OVERVIEW & ENQUIRY PROCEDURE. POSH. legum Amicuss.
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POSH LAWS. Article 14 -Equal protection of law for all citizens.
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POSH LAWS. THERE WAS NO SPECIFIC LAW DEALING WITH POSH.
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POSH LAWS. Guidelines were issued by SC in Vishaka Case.
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THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013.
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WHAT IS SEXUAL HARASSMENT?. Any unwelcome act or behaviour (express or implied).
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EXAMPLES OF SEXUAL HARASSMENT?. Unwelcome touching, hugging, kissing.
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KINDS OF SEXUAL HARASSMENT?. QUID PRO QUO. HOSTILE WORK ENVIRONMENT.
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QUID PRO QUO SH. When sexual favour, conduct of sexual nature is a necessary condition for promotion, pay increase, transfer, job continuity etc..
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HOSTILE WORKING ENVIRONMENT. Creating hostile, intimidating, or offensive work environment.
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"UNWELCOME". Any act becomes sexual harassment only if the said act is unwelcome by the woman.
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WHO CAN FILE COMPLAINT?. Aggrieved Woman. If aggrieved woman is physically incapable.
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WHERE CAN COMPLAINT BE MADE?. INTERNAL COMPLAINTS COMMITTEE.
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INETRNAL COMPLAINTS COMMITTEE. EVERY EMPLOYER EMPLOYING 10 EMPLOYEES HAS TO CONSTITUTE ICC.
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PROCESS OF MAKING COMPLAINTS. ICC HAS TO ASSIST THE WOMAN IN FILLING FORMAL COMPLAINT.
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ENQUIRY. A copy of complaint to be forwarded to respondent – 7 days.
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PRINCIPLES OF NATURAL JUSTICE. NOT defined in any law An English Law concept Accepted and developed by courts in India.
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INTERIM ORDERS. Transfer the complainant to other places/departments.
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ENQUIRY PROCEDURE. STEP DETAILS Receipt of written complaint by ICC If written complaint is not received, ICC will assist the complaint to write Complaint Decide if the complaint is Sexual harassment complaint If ICC finds that the complaint is not SH complaint then such order with reasons to be communicated to the Complainant Complainant Rights Before investigation-ICC must inform the complainant about her rights Notice/Charge Sheet to the respondent The notice informing the respondent about complaint to be sent within 7 days Conciliation ICC should apprise the complainant of her right to reconcile. If complainant agrees steps must be taken to settle the matter.
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ENQUIRY PROCEDURE. STEP DETAILS Conciliation Monetary compensation cannot be basis of the conciliation. Settlement reduced to writing to be sent to the employer and copies to both the parties Reply by respondent Respondent must reply within 10 days from receiving the notice. Examination of witnesses ICC may examine any witness in person and may allow the parties to examine and cross examine witnesses by way of submitting written questions Examination of the Complainant/Respondent ICC may examine the complainant and respondent if they list themselves as witness or if ICC deems it necessary Inquiry Report Shall be sent to employer at the end of Enquiry- 10 days of completion of enquiry.
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PUNISHMENT. Written Apology. Counseling. Withholding pay/promotion/raise.