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Showing posts from June, 2025

Posh Law - The Role of Conciliation in POSH Investigations

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...

How to Conduct an Effective Awareness Program on Sexual Harassment at the Workplace.

An effective awareness program on sexual harassment should begin with a clear definition of what constitutes harassment. Employees must understand not only the obvious forms of harassment, such as physical assault or verbal abuse, but also subtler behaviors like inappropriate comments, gestures, or advances. This comprehensive understanding can help prevent incidents before they occur. The program should be interactive and include real-life case studies that allow employees to identify and discuss potential harassment situations. Role-playing exercises can also help employees practice how to respond to harassment or report it appropriately. This will make them feel more confident in identifying problematic behaviors and taking action. Awareness programs should be conducted regularly and tailored to the specific needs of the workplace. For example, in industries with high turnover rates, it's important to offer refresher training to ensure all employees are up to date on the organi...