Skip to main content

Posh act 2013: Deconstructing Section 13(3)(i)

What "In Such Manner as May Be Prescribed" Actually Means One of the most litigated phrases within the POSH Act, 2013 is found in Section 13(3)(i), which directs employers to act upon the recommendations of the IC "in accordance with the provisions of the service rules applicable to the respondent." For years, defense counsels have aggressively interpreted this phrase as a statutory mandate to trigger a completely fresh, separate disciplinary inquiry from scratch under standard corporate service codes. The Bombay High Court’s analysis in the Arun A. Iyer judgment has provided a definitive clarification, cutting through this deliberate misinterpretation. The Division Bench clarified that the reference to service rules in Section 13(3)(i) refers strictly to the mechanism and scale of executing the penalty, not to the rebuilding of the inquiry process itself. In other words, the service rules are consulted to determine what constitutes a "major penalty" vers...
Post a Comment

UNDERSTANDING JURISDICTION RELATED TO THIRD PARTY SEXUAL HARASSMENT. WHEN DOES THE IC GET INVOLVED?

Posh Lawyer india

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.



Labels:

Comments

Post a Comment

Popular posts from this blog

Saurabh Kumar Mallick v. CAG: Reinforcing the Reach of the POSH Act in Government Institutions.

In a landmark judgment, the Delhi High Court delivered a resounding verdict that extended the applicability of the Prevention of Sexual Harassment (POSH) Act to government organizations, including constitutional bodies like the Comptroller and Auditor General of India (CAG). The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2018) was a pivotal moment in ensuring that the principles of the POSH Act are upheld across all spheres of employment, irrespective of the nature or status of the organization. The Crux of the Case The case arose from a petition filed by Saurabh Kumar Mallick, an Assistant Audit Officer employed with the CAG, who alleged that he had been subjected to sexual harassment by a superior officer. Mallick claimed that despite filing a formal complaint, the CAG failed to take appropriate action or constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act. The CAG, in its defense, argued that as a constitutional body, it w...
Post a Comment
Read more

Filing a Complaint under the POSH Act: Procedure and Timelines

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to create a safe workplace environment and ensure that incidents of sexual harassment are addressed promptly and effectively. A key aspect of the Act is the process by which employees can file a complaint if they experience sexual harassment at work. This article delves into the complaint filing procedure under the POSH Act, including the essential timelines, extensions, and rights of the complainant. 1. Who Can File a Complaint under the POSH Act? The POSH Act allows any aggrieved woman to file a complaint if she has faced sexual harassment in the workplace. The complainant can be: • A woman employed in any capacity (temporary, permanent, part-time, or full-time). • An employee in an organization (including interns and contractual staff). • A woman visiting the workplace or a client of the organization. Additionally, if the complainant is unable to file a complaint due to physical or mental incapacity or for oth...
Post a Comment
Read more

POSH Law - Interim Reliefs in POSH Cases

Protecting Dignity During the Process:  The POSH Act , 2013 not only lays down procedures for investigating sexual harassment complaints but also emphasizes protecting the complainant during the pendency of inquiry. Since investigations can take time, the law empowers the Internal Committee (IC) to recommend interim reliefs, temporary measures that safeguard the dignity, safety, and well-being of the complainant without prejudging the outcome of the case. 1. The Purpose of Interim Relief Interim reliefs act as a protective shield, ensuring that the complainant is not exposed to continued harassment, retaliation, or an unsafe work environment while the inquiry is ongoing. These measures aim to: Prevent further trauma or intimidation. Maintain a neutral work environment. Assure the complainant that the organization prioritizes her safety and dignity. 2. Types of Interim Reliefs Under the POSH Act The IC may recommend to the employer one or more of the following during inquiry: Transf...
Post a Comment
Read more