PoSH Act.pptx

Its a related with POSH Act

1. Prevention Of Sexual Harassment A t Workplace Act, 2013 Presented By Hradiance Foundation

2. What is POSH? The The   Sexual Harassment of Women at Workplace  (Prevention, Prohibition and Redressal ) Act, 2013, commonly referred to as the 'POSH Act ' is an Indian law with the objective of making workplaces safer for women by preventing, prohibiting and redressing acts of sexual harassment against them in the workplace  

3. Applicability The Law applies to Whole of INDIA. Applies to all establishments irrespective of : Number of employees; Gender of Employees; Industry; Place of Operation; Legal status of the establishment

4. Work Place Any Govt., semi-govt. PSUs, Corporations, institute; Any private sector organization, Foreign company having office in India; Hospitals or nursing homes; Any sport institute/ complex or stadium; Any place visited by employee arising out of/during employment; A dwelling place or house.

5. Forms of Workplace Sexual Harassment Workplace Quid Pro Quo- Something in Return Hostile work Environment

6. Complaints Committee In every establishment, if number of employees are 10 or more, the Internal Committee (IC) is Mandatory; Every district must have Local Committee (LC) to be constituted by District Collector; Every aggrieved woman to approach its IC; In case of no IC or for unorganised sector, the appropriate forum is LC; If the complaint is against the chairman/top boss of the establishment, LC to be approached

7. Internal Committee (IC) Presiding Officer ( Woman) 2 Members From employees Social work/ legal experience NGO/ Independent Member Familiar with issues of sexual harassment

8. Types Of IC Members Presiding Officer:  Presiding Officer is the chairperson of the Internal Committee and should mandatorily be a female employee holding a senior position. This makes it easier for woman to approach the IC with complaints. Employee Members:  Two or more members must be nominated as employee members of IC. It is preferable that they have significant legal knowledge, has worked for a social cause or women safety. External Member: The organization should also appoint an external member in the IC who should be related to the organization only for the working of IC.

9. Duties Of IC To meet every quarter preferably To discuss about the awareness level in the organisation To take care of rumours in the office, if any; To check and update the Policy Conduct the inquiry in any sexual harassment complaint; Prepare and assist management to submit annual returns

10. ICC is ‘Mandatory’ Telecom Company Vodafone has been slapped with a fineof Rs. 50,000 for its failure to constitute a Complaints Committee as required by the Supreme Court in the case of Vishaka v. State of Rajasthan. While noting that such a Committee was in place currently, a Bombay High Court Bench comprising Justice A.A. Sayed and Justice M.S. Karnik observed, “Though we are not inclined to direct payment of compensation to the Petitioner by the Respondent No.1 as indicated earlier, we do note here that the Respondent No.1 had not followed the guidelines laid down by the Supreme Court in Vishaka as there was no Complaints Committee constituted by the Respondent No.1 at the relevant time.” Bombay High Court, decided on 13 th Oct,2017

11. Responsibilities of Employer Form ICC & mandatory display on notice board Appoint EC & NGO Member in ICC Quarterly IC and Employee Awareness Session Compliance and Return Filing (Under PoSH & MCA) If above not complied then business license can be cancelled and fine can be imposed to employer.

12. Thank You  For any further q uery on Training, EC/NGO member, Compliance/ Counselling & Legal support, Contact : Hradiance Foundation (Registered with MCA, MSME & Niti Ayog ) Email – [email protected] Contact No. – 9874961111/ 8910819973 We also provide awareness training & consultation on - POCSO A ct (Protection of Children from Sexual O ffences)