HR is seen frantically looking for the company's POSH policy. The document is not read for its legal merit. It is frantically skimmed for one specific, life affirming detail: The name of the External Member of the Internal Committee (IC).
Sexual Harassment
While the PoSH Act provides critical protection against gender-based "sexual harassment" at the workplace to an "aggrieved woman," it should not be extended to include alleged harassing conduct that is devoid of any sexual connotation.
Employers who embrace the POSH Act in spirit, rather than merely in letter, will not only reduce their legal risk but also foster a positive and inclusive organisational culture.
According to the Court, OLA is in complete control of the entire business of providing transportation though it claims that it is only providing a technology platform to arrange and schedule the transportation. It was also stated that there is hardly any bargaining power or option left either with...
The question is not of law or creating deterrence, it is all about mindset of people, how they view the women at workplace, because people working in institutions are coming from the same society which has deep rooted biases against women.
The law must take care to protect women of differing perceptions and comfort levels. At the same time, the reaction of the complainant cannot be entirely unreasonable. A "calibrated balance" would have to be struck between rights of a victim of sexual harassment and those of the delinquent employee.
It is not enough to have just rules in place, the intent to implement should be there. A law requiring proforma setting up of overseeing body with no teeth to prosecute the perpetrators borders on useless.
In our day-to-day practice, we have observed that inapplicability of the law in industry requires many gaps and illusions to be addressed by the framers of the law. The enactment has been framed by the legislator considering the situations at that time. But our society is progressive and our law...
Any inquiry into a complaint of sexual harassment at the workplace must be in accordance with the relevant rules and in line with the principles of natural justice, the Supreme Court has clearly stated.
The employer must also carry out orientation programmes and seminars for the members of the Internal Committee, carry out employees' awareness programmes, conduct capacity building and skill building programmes for the members of the Internal Committee, and declare the names and contact details of...
