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Showing posts from October, 2024

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...
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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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