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...
The Bill introduced in the Rajya Sabha, published in the Gazette of India on December 08, 2023. Following are proposed Amendments to POSH Act roles, 1.Nullification of Local Complaints Committee (LC) replaced by Employment Tribunal. "Local Committee" replaced with "Employment Tribunal" throughout POSH Act. Employment Tribunal empowered to treat sexual harassment cases as legal trials for increased efficiency and conviction rates. 2. Constitution of Employment Tribunal Chairperson: Retired female judge of District Court. Members include retired female judge, social activist, woman from the district, sociologists, and female advocates. 3. Prolonged Timeframe for Complaints Section 9 modified for aggrieved women to file complaints within a reasonable timeframe. Employment Tribunal can extend the time limit with written justification based on circumstances. 4. Rectifying Terminology Inconsistencies Substitution of "recommend to" with "direct" in ...