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Showing posts from October, 2024

Strengthening POSH Compliance: The Role of Internal Complaints Committees (ICCs)

  Posh law in India A crucial aspect of the Prevention of Sexual Harassment ( POSH ) Act, 2013, is the establishment of Internal Complaints Committees (ICCs) in organizations. These committees play a pivotal role in ensuring workplace safety, handling complaints effectively, and fostering a culture of zero tolerance for harassment. Understanding the Role of ICCs The ICC is responsible for addressing workplace sexual harassment complaints and ensuring a fair, unbiased resolution process. Key functions include: • Receiving and Redressing Complaints – ICCs must ensure that victims feel safe reporting incidents and that complaints are handled with confidentiality and sensitivity. • Conducting Investigations – The committee must carry out impartial inquiries, gather evidence, and recommend appropriate actions. • Recommending Disciplinary Action – Based on findings, ICCs have the authority to suggest penalties, policy changes, or preventive measures. • Ensuring Awareness and Comp...
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Constitution of the Internal Complaints Committee (ICC) under the POSH Act: Roles, Structure, and Responsibilities

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to address workplace sexual harassment in India and mandates every organization to establish an Internal Complaints Committee (ICC). The ICC plays a pivotal role in ensuring a safe and harassment-free work environment. Its primary responsibility is to investigate complaints of sexual harassment, ensure a fair inquiry, and recommend appropriate action. In this article, we will explore the structure, composition, and responsibilities of the ICC, along with the legal requirements governing its formation and operation. 1. Legal Mandate for the ICC under the POSH Act Under the POSH Act, every employer is legally required to establish an Internal Complaints Committee (ICC) in the workplace to handle complaints of sexual harassment. This obligation applies to any organization with 10 or more employees. The ICC must be constituted at every branch or office location where the employee headcount meets this threshold. Failure to ...
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Redefining Boundaries: The Impact of Remote Work on POSH Implementation.

The global shift towards remote and hybrid work models, accelerated by the COVID-19 pandemic, has fundamentally altered the landscape of workplace interactions. This transformation has inevitably affected the implementation of the Prevention of Sexual Harassment ( POSH ) Act in India. As the lines between professional and personal spaces blur in virtual environments, organizations face new challenges in ensuring compliance with POSH guidelines and maintaining safe, respectful work cultures. The Changing Nature of Workplace Harassment in Remote Settings New Forms of Harassment The virtual workplace has given rise to novel forms of harassment: 1. Cyber Sexual Harassment: Inappropriate messages, images, or videos shared through digital platforms. 2. Virtual Stalking: Excessive monitoring or unwanted attention through online channels. 3. Zoom-bombing: Intrusion into video calls with offensive content or behavior. 4. Inappropriate Virtual Backgrounds: Use of suggestive or offensive ...
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