POSH PPT prevention of sexual harrassment

POSH policy

1. AWARENESS ON SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 (POSH Act)

2. Protect fundamental right of women to equality, right to life and liberty Protect women’s right to practice any profession. This right pre-supposes the availability of an enabling environment for women, which is equitous , safe and secure in every aspect. Protect women’s right to live with dignity. Provide for safe, secure and enabling environment to every woman, irrespective of her age or employment status (other than domestic worker working at home), free from all forms of sexual harassment. Provide redressal mechanism Need for POSH Act

3. The intent behind these laws is to: Law towards Sexual Harassment in India Prevent Harassment Protection, and Doing Redressal against any such complaints

4. Following constitutes workplace Sexual Harassment: Sexual Harassment at Workplaces One which is Unwelcome Is Sexual , both covert and overt Makes the recipient Uncomfortable Affect over the receiver would be counted, not the Intent of the doer.

5. What type of actions constitute Workplace Sexual Harassment? Showing Pornography Passing Sexually coloured comment/remarks Demanding or Requesting for Sexual Flavours Making Physical contact or Advancement A ny other unwelcome physical, verbal or non-verbal conduct of sexual nature

6. Who can file complaint under the POSH Act? An aggrieved woman can file complaint under the POSH Act An aggrieved woman can be of any age An aggrieved woman may or may not be employed in the company

7. Blocking path, following/stalking and cornering. Sexual Harassment Examples Gazing, leering, vulgar gestures Showing sexually vulgar things like image, video, or other objects Unhealthy comments and jokes with sexual overtone Abusing power by demanding sexual favours and threatening for ‘loss of job’ over same. Touching, caressing, leaning

8. What defines a Workplace? Any place visited by the employee: Arisin g out of; or During the course of employment including transportation provided by the employer for undertaking such a journey.

9. Who all are covered under this law? Full Time/ Temporary employees Contractual Workers Daily wage employee Probationer Intern Trainee House Keeping Workers Security Workers Representatives of Clients or Vendors

10.   What defines ‘Unwelcome’? Any action done without the consent, or is regarded ‘offensive’ by the recipient. If the recipient is not complaining, it doesn’t necessarily mean that the action is welcome. Some comments and actions, which are openly insulting or demeaning.

11. The Act prevents women from being subjected to sexual harassment involving the following circumstances: Implied or explicit promise of preferential treatment in employment Implied or explicit threat of detrimental treatment in employment implied or explicit threat about her present or future employment status interference with her work or creating an intimidating or offensive or hostile work environment for her humiliating treatment likely to affect her health or safety

12. Will this be counted as Sexual Harassment?

13. Number One Nick and Jessica work in an accounting firm. Nick is Jessica’s head in the office. He often asks Jessica to go out for a dinner/movie after the office, but hesitatingly Jessica declines him. One Day Nick tells Jessica , that if she doesn’t agree on his offer this time, her increment would not be approved by him. IS THIS AN ACT OF SEXUAL HARASSMENT?

14. IS THIS SEXUAL HARASSMENT? Amrita has recently joined as a fresher in a company. Jay is assigned as her trainer for some period. He is the lead of the team, which Amrita wants to join. She approaches Jay for the same, and looking at her esteem, he agreed to her joining once her training period is over. After the training period is over, Amrita joins Jay’s team. During the course of them working together, Jay asked Amrita for lunch various times, and Amrita went with him willingly, each time. But slowly, as the workload increased for Amrita, she wasn’t able to accept lunch offer with Jay . But he kept her asking, via messages and plethora of mails. Number Two

15.  IS THIS A CASE OF SEXUAL HARASSMENT? Arpit sent some pictures of a negligibly dressed women to Arti. Arti replied her to stop sending, and never send such pictures ever again. But Arpit kept repeating it. Number Three

16. Tanya was entering the office gate, suddenly Anand came from behind, tapped her back, and complimented on her looks. Tanya didn’t like it, she stared at Anand and conveyed him to keep his hands away from her. Anand understood it, and apologised for his current behaviour. He also vowed, to never repeat such action to her again. IS TANYA A VICTIM OF SEXUAL HARASSMENT BY ANAND? Number Four

17. Sudha and Shaurya joined a firm an year ago as trainees. After one year, Shaurya started asking Sudha to go out on lunch or movie with him. Sudha refused to do so. Shaurya sent a message to Sudha stating that he loves him. After reading this message, Sudha was in a state of shock and out of fear, took two days off from the office. Shaurya then sent her multiple messages asking of her whereabouts as he is worried about her. Shaurya cares for Sudha, and wants to be in a relationship with her.  IS SHAURYA SEXUALLY HARASSING SUDHA? Number F ive

18. INTERNAL COMPLAINTS COMMITTEE (“IC”) The IC is constituted to deal with complaints of sexual harassment at workplace The POSH Act mandates constituting IC at workplace At least 50% of the IC shall always be female employees

19. IC 1 Presiding Officer A senior female designate of the firm/organization/body 2 Members People experienced and committed in the social welfare of women or p eople with legal knowledge 1 Member Person from an NGO, working towards the cause of women or person familiar with issues relating to sexual harassment

20. DUTIES OF IC Ascertain implementation of policy/rules and regulations Take cognizance of complaint received Prompt initiation of redressal process of complaint Extend assistance to the complainant, if required Submission of report in respect of complaint, if any Submission of annual report about activities carried out during that year

21. IC to submit report (10 days) Report the episode (within 3 months) File a complaint to IC (6 copies of complaint with supporting documents and names of witnesses Copy of complaint to be sent to respondent (within 7 days) Respondent to file reply (within 10 days) with supporting documents and names of witnesses   IC to initiate inquiry Investigation (90 days) Action (60 Days) Filing Process of the Complaint

22. Settlement is a form of informal dispute resolution and can be done at the request of the aggrieved woman. Monetary settlement shall not be allowed. If settlement is arrived at by both parties, IC shall not conduct further inquiry. IC shall forward copy of settlement to the management of the Company, the complainant as well as the respondent. SETTLEMENT: WHEN IT CAN BE DONE?

23. Aggrieved woman can withdraw complaint at any time during the pendency of complaint. IC will satisfy itself that the complaint is not being withdrawn under pressure, coercion or fear. If complaint is withdrawn, IC will not conduct further inquiry. COMPLAINT WITHDRAWAL

24. Aggrieved woman on written request may recommend the Company to: Transfer the aggrieved woman or respondent to any other workplace; Grant leave to aggrieved woman upto a period of 3 months; or Grant such other relief to aggrieved woman ACTION DURING PENDENCY OF INQUIRY

25. Written apology Warning letter Reprimand Withholding of the increment/bonus Demotion from a post ACTION BY IC AFTER COMPLETION OF INQUIRY If the IC arrives at the conclusion t hat the allegation against the respondent has been proved: Withholding of promotion Payment of reasonable compensation to the victim Termination from service Transfer from service

26. POST Act penalizes the complainant who files a false and malicious complaint. If any person has made the complaint knowing it to be false or has produced any forged, misleading documents, it will be a false complaint. Mere inability to substantiate a complaint or provide adequate proof need not attract action against the complaint provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure. Disciplinary actions will be taken against employees filing false complaints. FALSE COMPLAINTS

27. What does not constitute as Workplace Sexual Harassment? Making to follow up on work, due to being absent. Disapproving action for deadline and work reasons. Practical feedback about the job. Work-related emergency communication during late night hours.

28. Apparel Export Promotion Council v. A.K Chopra The Supreme Court upheld the dismissal of a superior officer of Apparel Export Promotion Council who was found guilty of sexually harassing a subordinate female employee at the workplace. Supreme Court enlarged the definition of sexual harassment by ruling that physical contact was not essential for it to amount to an act of sexual harassment. Dr. Malabika Bhattacharjee V/s Internal Complaints Committee, Vivekananda College and Ors . The Calcutta High Court held that, “ Sexual harassment, as contemplated in the 2013 Act, has to pertain to the dignity of a person, which relates to her/his gender and sexuality; which does not mean that any person of the same-gender cannot hurt the modesty or dignity as envisaged by the 2013 Act. A person of any gender may feel threatened and sexually harassed when her/his modesty or dignity as a member of the said gender is offended by any of the acts, irrespective of the sexuality and gender of the perpetrator of the act.” LANDMARK CASE LAWS

29. THANK YOU