Prevention of Sexual Harassment (PoSH)

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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”) has been enacted with an objective of preventing and protecting women against workplace sexual harassment and to ensure effective redressal of complaints of sexual harassment. Although the law preventing sexual harassment at workplace has been in force since 2013, there remains lack of clarity on various aspects pertaining to the statute, including what constitutes sexual harassment, obligations of an employer, remedies/safeguards available to the victim, procedure of investigation and criminal consequences of sexual harassment.

An employer, can best defend by proactive compliance with POSH. It is for the employer to implement the duties prescribed, in letter and spirit. This proactive compliance could include real and frequent training and induction of the Internal Committee members and employees, treating sexual harassment as a misconduct and setting up an Internal Committee by appointing qualified and truly eligible committee members who are aware and experienced in dealing with matters and procedural formalities to be adopted in dealing the enquiries of sexual harassment.

This program intends to develop competency and capacity of the respective stakeholders – employers and members of Internal Complaints Committees  to have exhaustive knowledge of the law and process to be adopted in conducting enquiry and dealing the cases of sexual harassment in the organisation.

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• Understanding the the Key concepts of Sexual Harassment, Workplace/ Extended workplace, Employer and Aggrieved Woman
• Registering a complaint of Sexual Harassment – Who/When/How.
• Constitution of Internal Complaints Committee  – Presiding Officer, Internal members and External members, quorum
• Powers of ICC to summon, record evidence and recommendations to employers.
• Conducting Enquiry – steps in enquiry and principles of natural justice.
• Conciliation and settlement of the cases of sexual harassment
• Duties of en employer as prescribed under the Act/ Rules
• Dealing with false and malicious complaints
• Penalties and Fines under PoSH Act and Rules
• Supreme Court & High Court Cases on PoSH including recent judgement of Bombay High Court on maintaining confidentiality.

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1. Highlights of the PoSH Act and Rules thereunder
2. What constitutes Sexual Harassment, Workplace and aggrieved
3. Constitution of ICC/LC – Members, Quorum and External members
4. Enquiry in the complaint of Sexual Harassment
5. Powers of ICC/ LC to summon and record evidence
6. Principles of Natural Justice to be adopted in the Enquiry
7. Conciliation & Settlement of cases of Sexual Harassment
8. Duties and obligations of Employers under the Act/ Rules, as their statutory obligations, including filing Annual Return.
9. Dealing with false/ malicious complaints
10. Penalties and Fines under the PoSH Act and Rules
11. Settled case laws in PoSH by Supreme Court/ High Courts