Its a related with POSH Act

1. Presented By
Hradiance Foundation

2. What is POSH?
 The The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and
Redressal) Act, 2013, commonly referred to as the
'POSH Act' is an Indian law with the objective of
making workplaces safer for women by preventing,
prohibiting and redressing acts of sexual
harassment against them in the workplace

3. Applicability
The Law applies to Whole of INDIA.
Applies to all establishments irrespective of :
 Number of employees;
 Gender of Employees;
 Industry;
 Place of Operation;
 Legal status of the establishment

4. Work Place
 Any Govt., semi-govt. PSUs, Corporations, institute;
 Any private sector organization, Foreign company having office in
India;
 Hospitals or nursing homes;
 Any sport institute/ complex or stadium;
 Any place visited by employee arising out of/during employment;
 A dwelling place or house.

5. Forms of Workplace
Sexual Harassment
Workplace
Quid Pro Quo-
Something in
Return
Hostile work
Environment

6. Complaints Committee
 In every establishment, if number of employees are 10 or more, the
Internal Committee (IC) is Mandatory;
 Every district must have Local Committee (LC) to be constituted by
District Collector;
 Every aggrieved woman to approach its IC;
 In case of no IC or for unorganised sector, the appropriate forum is LC;
 If the complaint is against the chairman/top boss of the establishment,
LC to be approached

7. Internal Committee (IC)
Presiding
Officer
(Woman)
2 Members
From
employees
Social work/
legal
experience
NGO/
Independent
Member
Familiar
with issues
of sexual
harassment

8. Types Of IC Members
 Presiding Officer: Presiding Officer is the chairperson of the
Internal Committee and should mandatorily be a female
employee holding a senior position. This makes it easier for
woman to approach the IC with complaints.
 Employee Members: Two or more members must be
nominated as employee members of IC. It is preferable that
they have significant legal knowledge, has worked for a social
cause or women safety.
 External Member: The organization should also appoint an
external member in the IC who should be related to the
organization only for the working of IC.

9. Duties Of IC
To meet every
quarter
preferably
To discuss about
the awareness level
in the organisation
To take care of
rumours in the
office, if any;
To check and
update the
Policy
Conduct the
inquiry in any
sexual harassment
complaint;
Prepare and assist
management to
submit annual
returns

10. ICC is ‘Mandatory’
Telecom Company Vodafone has been slapped with a
fineof Rs. 50,000 for its failure to constitute a
Complaints Committee as required by the Supreme
Court in the case of Vishaka v. State of Rajasthan.
While noting that such a Committee was in place
currently, a Bombay High Court Bench comprising
Justice A.A. Sayed and Justice M.S. Karnik observed,
“Though we are not inclined to direct payment of
compensation to the Petitioner by the Respondent No.1
as indicated earlier, we do note here that the
Respondent No.1 had not followed the guidelines laid
down by the Supreme Court in Vishaka as there was no
Complaints Committee constituted by the Respondent
No.1 at the relevant time.”
Bombay High Court, decided on 13th Oct,2017

11. Responsibilities of Employer
 Form ICC & mandatory display on notice board
 Appoint EC & NGO Member in ICC
 Quarterly IC and Employee Awareness Session
 Compliance and Return Filing (Under PoSH & MCA)
 If above not complied then business license can be
cancelled and fine can be imposed to employer.

12. We also provide awareness training & consultation on -
POCSO Act (Protection of Children from Sexual Offences)