[responsivevoice_button] Written by: Team Ungender The Internal Complaints Committee of an organization is comprised primarily of members who have been selected for their eligibility under the POSH Act, 2013, and for their understanding of the organization’s culture and dynamics affecting employee engagements. It also means that they are appointed as part of an investigation team… Continue reading POSH Guide: 10 Best Practices For Conducting Sexual Harassment Investigations
Category: PoSH Compliance
POSH Guide: What NOT To Do When You’re Looking Into A Sexual Harassment Complaint
[responsivevoice_button] Written by: Team Ungender A case of sexual harassment in any organization is a matter of grave concern. It immediately becomes imperative for the organization to provide a safe space for the complainant and see that justice is done in the way it conducts the investigation. So where do companies often go wrong? Here… Continue reading POSH Guide: What NOT To Do When You’re Looking Into A Sexual Harassment Complaint
10 Guiding Pointers For ICC Members During A POSH Investigation
[responsivevoice_button] We are living in times when gender-based discrimination and sexual harassment is rampant in institutions. We have witnessed enough instances where companies have lost money and reputation because of sexual harassment at their workplaces. With this, increasing education and awareness amongst the stakeholders, not only is it important that Employers conduct their rightful duty… Continue reading 10 Guiding Pointers For ICC Members During A POSH Investigation
Annual Report under the POSH Act – Here is everything you should know
The National Commission for Women estimated that in 2017, two women were sexually harassed each day in their workplaces. As per a report published by the Ministry of Women and Child Development for the same year, the number of cases of sexual harassment in the workplace registered in India has increased by 54%, i.e. from… Continue reading Annual Report under the POSH Act – Here is everything you should know
Why Internal Committee Members Must Diligently Document POSH Investigations
[responsivevoice_button] Written by: Team Ungender Sexual harassment at the workplace has become a crucial concern virtually for all employers today. However, many employers think that their job is complete after implementing the recommendations of the Internal Complaints Committee (IC) and they inadvertently pay zero or very little attention to documentation and record-keeping of the investigation.… Continue reading Why Internal Committee Members Must Diligently Document POSH Investigations
Internal Complaints Committee (ICC) registration mandatory in few Indian states
Employers in Gautam Budh Nagar, Mumbai and Telangana are required to register their Internal Complaints Committee with the respective state authorities. Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH), it is mandatory for all workplaces having ten or more employees to frame an anti-harassment policy… Continue reading Internal Complaints Committee (ICC) registration mandatory in few Indian states
Should the enquiry be vitiated if the report is not provided to the accused in a sexual harassment case?
Sexual harassment at workplace cases The case of Pradeep Jeganathan v. State of Uttar Pradesh is one of the landmark sexual harassment at workplace cases, where it was held that no provision of the report to the accused impairs the ability of the Court to do justice to all the parties concerned. The Court termed… Continue reading Should the enquiry be vitiated if the report is not provided to the accused in a sexual harassment case?
Straightaway imposition of punishment on the basis of ICC findings not tenable being violative of natural justice
Sexual harassment at workplace cases Not giving a chance to the accused or the complainant to argue his/her sexual harassment at workplace case and not applying the law applicable before accepting and acting upon the recommendations of the Internal Complaints Committee (ICC) is violative of principles of natural justice, the High Court of Calcutta has… Continue reading Straightaway imposition of punishment on the basis of ICC findings not tenable being violative of natural justice
Disclosure of compliance under the POSH Act, 2013 in the Annual Reports of private companies now made mandatory
In a noteworthy step taken to ensure safety of workplaces in the private sector, the Ministry of Corporate Affairs, vide a notification dated 31.7.2018 has amended the Companies (Accounts) Rules, 2014. The amendment makes it mandatory for all private companies to make disclosure of compliance under Sexual Harassment of Women at Workplace (Prevention, Prohibition and… Continue reading Disclosure of compliance under the POSH Act, 2013 in the Annual Reports of private companies now made mandatory
How To Select An External Member For Your Internal Complaints Committee
[responsivevoice_button] Written by: Rohit Iyengar Finding an appropriately qualified individual to fulfill the role of the external member in the Internal Complaints Committee is one particular task that poses quite a few difficulties for organisations. The ambiguity and vagueness in the guidelines for the same, as is the case with a majority of laws, also… Continue reading How To Select An External Member For Your Internal Complaints Committee
