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Showing posts from October, 2024

Receiving a POSH Complaint the Right Way

Every POSH (Prevention of Sexual Harassment) investigation begins with a single step: the receipt of a complaint. This is far more than an administrative requirement it is the moment where an organization demonstrates its commitment to dignity, respect, and fairness at the workplace. How this step is handled sets the tone for the entire investigation, influences employee trust, and ensures compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 1. How a Complaint Can Be Filed The POSH Act requires all complaints to be made in writing. To make this process inclusive and accessible, the law allows flexibility: A handwritten or typed letter can be submitted directly to the Internal Committee (IC) or its Presiding Officer. An email from the complainant’s official or personal ID is equally valid. If the complainant is unable to write, the IC must assist her in recording and formalizing the complaint. This ensures that the inability to ...
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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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