Not every case of sexual harassment at the workplace needs to culminate in a formal inquiry. The POSH Act , 2013 recognizes that in some situations, the aggrieved woman may prefer a less adversarial resolution. This is where conciliation plays a role offering an opportunity to resolve the complaint amicably, provided certain safeguards are respected. For the Internal Committee (IC), conciliation is a delicate process that requires sensitivity, neutrality, and strict adherence to law. 1. When Conciliation Can Be Considered Conciliation is an option available only at the request of the complainant. The IC cannot suggest or impose conciliation on its own. The request must be made before the start of the formal inquiry process. This ensures that the complainant’s autonomy and comfort remain at the center of decision-making. 2. Prohibited Basis of Conciliation The law expressly forbids monetary settlement as the foundation of conciliation. This is a critical safeguard against misuse and exp...
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Introduction - What is Third Party Sexual Harassment?
Sexual harassment in connection with the workplace, isn't only limited to the workplace (as a premises) or one's colleagues (as the respondent). It extends to third party workplaces, and third party individuals like consultants, independent contractors, clients, or other non-employees associated with the workplace, irrespective of the premises where the sexual harassment may have occurred.
Employers need to provide employees with a safe working environment where their safety and security is prioritised, especially if third parties are involved.
IC's Jurisdiction and When It Can Refuse
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), women can file complaints on acts that took place at the workplace even against third parties, irrespective of whether they work at their place of employment.
In line with the PoSH Act, the employer is responsible for taking necessary steps, and reasonably assisting the aggrieved and affected parties, in the event of occurrence of third-party sexual harassment.
In such a case, the onus is on the aggrieved to decide whether the matter should be investigated by the organisation's Internal Committee (IC) or whether it should be referred to the police. The aggrieved also has a choice to pursue both parallelly. Therefore, the IC does have jurisdiction to preside over matters at the workplace, and at workplace-sponsored events.
If the third party is from a different organisation, the IC may forward the complaint to the IC of the respondent's organisation or do a joint investigation.
Training Internal Committee on Understanding Jurisdiction & Compliance with PoSH Policy
Sexual harassment, especially when perpetrated by a third party, may arise anywhere and in arny situation.
The IC of each organisation need to be trained to deliberate not just on matters which clearly fall under the purview of their jurisdiction, but also on how to handle matters where there may be overlapping jurisdiction.
Additionally, the Internal Committee should also know when to refer the aggrieved to the Local Committee/ Local Complaints Committee (LC/LCC). Local committees are formed under the jurisdiction of the District Officer in every district in a state. Their jurisdiction extends to organisations that employ less than 10 employees and cases where the sexual harassment complaint is directly against the employer.
It becomes extremely important for Internal Committees to fully understand and pre-empt the extent of such situations and ensure people are aware of, and comply with, the company's internal POSH policy. Awareness measures are the most effective tools in ensuringa safe and healthy work culture.
Poshadvo guides employees to understand third-party sexual harassment and provides IC members continuous training. This allows employees and members to gain a wider perspective on how to deal with cases that fall under the ambit of third-party sexual harassment, and whether or not a matter falls under their jurisdiction.
Reach out to us on contact@poshadvo.com for the answer key or call us on +91-9958484845
Note: This article is not a substitute for legal advice or consulting with a lawyer, who will be in a better position to advise you with respect to the facts and circumstances of your case, but merely a tool to help the reader understand better about laws relating to prevention of sexual harassment in the workplace.
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