Question

What you must know about POSH if you are a working female ?

Answer 1

In 2013, the Sexual Harassment of Women at Work (Prevention, Prohibition, and Redressal) Act was passed. It defined sexual harassment, outlined the processes for a complaint and inquiry, and specified the appropriate course of action. The already established Vishaka rules were expanded by it.

Every employer with more than ten workers is required under the PoSH Act to establish an Internal Complaints Committee (ICC) in the prescribed manner to accept and handle complaints of any type of sexual harassment from women in a timely and highly confidential manner. The POSH Act is not gender-neutral; a woman must be the person to make a complaint.

According to the POSH Law, employers are required to create a policy against workplace sexual harassment. Please be aware:

• A policy is required even if all the employees are men.
• Policy is not the same as a copy of the law or service rules.
• There may be global policies, but Indian policy must adhere to Indian law.
• Even if there is not a policy for other genders, there must be one for women.

Procedure to file a complaint :

1. According to the Act, if she is unable to file a formal complaint, any member of the ICC shall offer her all reasonable aid in doing so.

2. The complaint must be filed "within three months of the date of the incident," as required under the Act.

3. The ICC may attempt to mediate the dispute between the aggrieved woman and the respondent before to opening an inquiry and at the request of the aggrieved woman, provided that no financial settlement is made as the basis of conciliation.

4. The victims complaint can either be reported to the police by the ICC or a 90-day investigation can be started.

5. The ICC must provide the employer with a report of its findings within 10 days of the investigations conclusion. Both parties have access to the report.

6. The Act prohibits the disclosure of the women identity, the identity of the respondent, the identity of any witness, the identity of any information pertaining to the investigation, the recommendation, and the action taken.