The Prevention of Sexual Harassment (PoSH) at Workplace Act of India PPTmpavi257
POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also referred to as the “POSH Act”) came into existence in 2013. It has its foundations in the Vishaka Guidelines, and establishes a mechanism for dealing with sexual harassment complaints in the workplace.The Company is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.
The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment.
This policy applies to all categories of employees of the Company including permanent, temporaries, trainees and employees on contract at Company Premises. This policy is also equally applicable for all employees irrespective of their position - managerial or sub- ordinates.
Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (irrespective of gender).
Sexual Harassment includes –
• Any unwelcome sexually determined behavior (direct or implied) such as physical contact and advances (verbal, written or physical)
• Unwelcome communications or invitations
• Demand or request for sexual favors
• Sexually cultured remarks
• Showing pornography
• Creating a hostile work environment and any other unwelcome “sexually determined behavior” (physical, verbal or non-verbal conduct) of a sexual nature.
• Anyother type ofsexually-oriented conduct, verbalabuse or ‘joking’ that is sex-oriented
• Transmitting/posting emails, texts, or pictures of a sexual nature through office or personal equipment
• Intrusive personal questions about sexual activity
The Prevention of Sexual Harassment (PoSH) at Workplace Act of India PPTmpavi257
POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also referred to as the “POSH Act”) came into existence in 2013. It has its foundations in the Vishaka Guidelines, and establishes a mechanism for dealing with sexual harassment complaints in the workplace.The Company is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.
The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment.
This policy applies to all categories of employees of the Company including permanent, temporaries, trainees and employees on contract at Company Premises. This policy is also equally applicable for all employees irrespective of their position - managerial or sub- ordinates.
Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (irrespective of gender).
Sexual Harassment includes –
• Any unwelcome sexually determined behavior (direct or implied) such as physical contact and advances (verbal, written or physical)
• Unwelcome communications or invitations
• Demand or request for sexual favors
• Sexually cultured remarks
• Showing pornography
• Creating a hostile work environment and any other unwelcome “sexually determined behavior” (physical, verbal or non-verbal conduct) of a sexual nature.
• Anyother type ofsexually-oriented conduct, verbalabuse or ‘joking’ that is sex-oriented
• Transmitting/posting emails, texts, or pictures of a sexual nature through office or personal equipment
• Intrusive personal questions about sexual activity
this presentation discusses sexual harrasment in the workplace. it is a presentation that teachers can use in the business curriculum when teaching human resource management. this presentation also makes refference to the Ontario Human Rights Code and tips for employees and employers.
Gender Statutory Protection and Social Legislation of Women and ChildrenAbdul Azeez H
This Lecture focuses on the place of women,
Need for special legislation for women and children, and the existing legislation such as The Criminal Law (Amendment) Act, 2013
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
Protection of Women from Domestic Violence Act, 2005
Indecent Representation of Women (Prohibition) Act, 1986
Immoral Traffic (Prevention) Act, 1956
Dowry Prohibition Act, 1961
Medical Termination of Pregnancy Act, 197
Pre-Natal Diagnostic Techniques ( Prohibition of Sex –section) Act, 1994
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
Hindu Succession Act, 1956 (as amended 2005)
Employees State Insurance Act, 1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
Maternity Benefit Act, 1961 (Amended in 1995)
The Contract Labour (Regulation and Abolition) Act, 1976
The Equal Remuneration Act, 1976
The Factories Act, 1948 as amended in 1986
Commission of Sati (Prevention) Act, 1987
POSH 2013
The Protection of Women from Sexual Harassment Act, 2013, was passed by the Indian government to protect against sexual harassment and abuse of women in the workplace. This Act was created to ensure that workplaces remain free from sexual harassment and to provide a safe and secure environment for women.
Prevention of Sexual Harassment at Workplace in IndiaAdv Rajasekharan
The presentation provides an overview of "the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act" & its rules.
The law came into force on 9th December 2013, replacing Supreme Court's Vishaka Guidelines 1977. (Updated this presentation on 22 April 2014).
1 prevention of sexual harassment online course with voiceoverShashank borse.sd9
Sexual harassment may occur not only where a person uses sexual behavior to control, influence or affect the career, salary or job of another person, but also between co-workers. It may also occur between an employee and someone that employee deals with in the course of his/her work who is not employed by the Company.
this presentation discusses sexual harrasment in the workplace. it is a presentation that teachers can use in the business curriculum when teaching human resource management. this presentation also makes refference to the Ontario Human Rights Code and tips for employees and employers.
Gender Statutory Protection and Social Legislation of Women and ChildrenAbdul Azeez H
This Lecture focuses on the place of women,
Need for special legislation for women and children, and the existing legislation such as The Criminal Law (Amendment) Act, 2013
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
Protection of Women from Domestic Violence Act, 2005
Indecent Representation of Women (Prohibition) Act, 1986
Immoral Traffic (Prevention) Act, 1956
Dowry Prohibition Act, 1961
Medical Termination of Pregnancy Act, 197
Pre-Natal Diagnostic Techniques ( Prohibition of Sex –section) Act, 1994
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
Hindu Succession Act, 1956 (as amended 2005)
Employees State Insurance Act, 1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
Maternity Benefit Act, 1961 (Amended in 1995)
The Contract Labour (Regulation and Abolition) Act, 1976
The Equal Remuneration Act, 1976
The Factories Act, 1948 as amended in 1986
Commission of Sati (Prevention) Act, 1987
POSH 2013
The Protection of Women from Sexual Harassment Act, 2013, was passed by the Indian government to protect against sexual harassment and abuse of women in the workplace. This Act was created to ensure that workplaces remain free from sexual harassment and to provide a safe and secure environment for women.
Prevention of Sexual Harassment at Workplace in IndiaAdv Rajasekharan
The presentation provides an overview of "the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act" & its rules.
The law came into force on 9th December 2013, replacing Supreme Court's Vishaka Guidelines 1977. (Updated this presentation on 22 April 2014).
1 prevention of sexual harassment online course with voiceoverShashank borse.sd9
Sexual harassment may occur not only where a person uses sexual behavior to control, influence or affect the career, salary or job of another person, but also between co-workers. It may also occur between an employee and someone that employee deals with in the course of his/her work who is not employed by the Company.
Transforming Brand Perception and Boosting Profitabilityaaryangarg12
In today's digital era, the dynamics of brand perception, consumer behavior, and profitability have been profoundly reshaped by the synergy of branding, social media, and website design. This research paper investigates the transformative power of these elements in influencing how individuals perceive brands and products and how this transformation can be harnessed to drive sales and profitability for businesses.
Through an exploration of brand psychology and consumer behavior, this study sheds light on the intricate ways in which effective branding strategies, strategic social media engagement, and user-centric website design contribute to altering consumers' perceptions. We delve into the principles that underlie successful brand transformations, examining how visual identity, messaging, and storytelling can captivate and resonate with target audiences.
Methodologically, this research employs a comprehensive approach, combining qualitative and quantitative analyses. Real-world case studies illustrate the impact of branding, social media campaigns, and website redesigns on consumer perception, sales figures, and profitability. We assess the various metrics, including brand awareness, customer engagement, conversion rates, and revenue growth, to measure the effectiveness of these strategies.
The results underscore the pivotal role of cohesive branding, social media influence, and website usability in shaping positive brand perceptions, influencing consumer decisions, and ultimately bolstering sales and profitability. This paper provides actionable insights and strategic recommendations for businesses seeking to leverage branding, social media, and website design as potent tools to enhance their market position and financial success.
Can AI do good? at 'offtheCanvas' India HCI preludeAlan Dix
Invited talk at 'offtheCanvas' IndiaHCI prelude, 29th June 2024.
https://www.alandix.com/academic/talks/offtheCanvas-IndiaHCI2024/
The world is being changed fundamentally by AI and we are constantly faced with newspaper headlines about its harmful effects. However, there is also the potential to both ameliorate theses harms and use the new abilities of AI to transform society for the good. Can you make the difference?
White wonder, Work developed by Eva TschoppMansi Shah
White Wonder by Eva Tschopp
A tale about our culture around the use of fertilizers and pesticides visiting small farms around Ahmedabad in Matar and Shilaj.
Book Formatting: Quality Control Checks for DesignersConfidence Ago
This presentation was made to help designers who work in publishing houses or format books for printing ensure quality.
Quality control is vital to every industry. This is why every department in a company need create a method they use in ensuring quality. This, perhaps, will not only improve the quality of products and bring errors to the barest minimum, but take it to a near perfect finish.
It is beyond a moot point that a good book will somewhat be judged by its cover, but the content of the book remains king. No matter how beautiful the cover, if the quality of writing or presentation is off, that will be a reason for readers not to come back to the book or recommend it.
So, this presentation points designers to some important things that may be missed by an editor that they could eventually discover and call the attention of the editor.
1. Prevention of Sexual
Harassment of Women at
Workplace (PoSH)
Ritu Goyal
(Partner)
NAKS & Partners
Advocates & Solicitors
28/142, West Patel Nagar, New Delhi-110008,
M: 91 9582004704, Email: ritu@nakslaw.com
3. How Common is Sexual
Harassment at Workplace?
52% Women experience Sexual Harassment
at Workplace;
25% touched without invitation;
20% experienced sexual advances;
TUC Survey
4. Why Don’t women report?
1 out of 5 do report it;
80% thinks outcome is poor;
16% said that the situation worsened after
they reported;
TUC Survey
5. What is Sexual Harassment?
ANY UNWELCOME ACT or behavior
SEXUAL in nature
A SUBJECTIVE experience
IMPACT not the Intent
that matters
6. Sexual Harassment includes
• Physical contact
• Abusive Sounds
• Making sexually colored
remarks
• Using sexually abusive
language or signs in the
presence of woman
employee;
• Showing pornography or
the likes;
• Stalking
• vulgar/indecent jokes,
phone calls, text massages,
e-mails,
• Physical confinement or
touches against the will and
likely to intrude upon one’s
privacy; or
• Demand or request for
sexual favours;
7. Sexual Harassment includes
Implied or explicit promise of PREFERENTIAL TREATMENT in
her employment; or
Implied or explicit THREATENING TREATMENT in her
employment; or
Implied or explicit THREAT ABOUT PRESENT AND FUTURE
EMPLOYMENT STATUS; or
HOSTILE WORK ENVIRONMENT
Interference with her work
Humiliating treatment likely to affect her health or safety.
8.
9. What is at stake?
• Brand value – Negative Publicity;
• Decreased Morale and decreased efficiency of
employees;
• Loss of money for non-compliance of
provisions of law – Madras High Court awarded
Rs. 1.68 Crores in damages to an employee for Non-
Constitution of ICC.
10. Laws Governing Sexual
Harassment
The Sexual Harassment of women at workplace (Prevention,
Prohibition and Redressal) Act, 2013 and Rules made
thereunder.
Indian Penal Code (Section 209, 354, 376 and 509), 1860; and
Industrial Employment (Standing Orders) Act, 1946
11. No women employee shall be
subjected to sexual harassment at
workplace
Section 3(1) of the Act
Prevent Sexual Harassment
13. Who is Employee?
Employee means a person employed by Company for any work and
includes:-
Employed on regular, temporary, ad hoc or daily wage basis;
Either directly or through an agent, with or without the knowledge
of the principal employer ;
Whether for remuneration or not or working on a voluntary basis
or otherwise;
Whether the terms of employment are express or implied ; and
Contractor, coworker, a contract worker, probationer, apprentice
or called by any other such name .
14. What is Workplace?
Workplace includes:-
All premises including Corporate Office, head office, branch
offices and all other premises, locations, establishments,
institutions, units, sites controlled directly or indirectly but he
Company and/or where from business of the Company is
conducted;
All other premises where employees of the Company visit arising
out of or during the course of their employment including official
events; and
Includes the transportation and accommodation, if any, provided
by the Company for employees arising out of or during the course
of employment for commutation or residence purposes.
15. How to prevent?
Following are the responsibilities of the employer under the Act:-
Constitution of Internal Complaint Committee (ICC) to handle the
complaints of sexual harassment;
Display on the notice board of the premises giving full details of
members of ICC;
Display at conspicuous places at workplace, penalties &
consequences of sexual harassment ;
Providing training to sensitize the employees on the issues and
implications of sexual harassment at workplace and organizing
orientation programme(s) for members of ICC.
16. Internal Complaint
Committee
Every Employer needs to constitute ICC as per the provisions of the
Act to take care of following matters:-
To conduct enquiry into the complaints of sexual harassment;
To make recommendations to the Board of Directors of your
Company in the matters of sexual harassment after conclusion of
enquiry;
To file annual report as per the provisions of the Act
17. What to do?
Don’t ignore it. In the hope
that it will go away.
Don’t blame yourself and
don’t delay.
Be sure to say ‘No’ clearly
and firmly.
Speak Out. Speaking out
about sexual harassment is
an effective tool in combating
it.
18. What are the remedies?
Any aggrieved woman employee
may file a compliant with ICC for
Redressal of her grievances.
It is the responsibility of ICC to
send notice to Respondents
(against whom a complaint of
sexual harassment has been
made) within 7 (seven) working
days.
The Respondent shall file his
reply to the complaint along with
supporting documents.
19. Procedure of filing
Complaint
Any aggrieved woman may make a complaint in writing with any
member of ICC
at the prescribed contact details,
preferable within a period of 3 months of the date of incident of
sexual harassment or in case of series of incidents, with in a
period of 3 months from the date of last incident.
The Complainant shall file minimum six copies of the complaint.
The complaint shall consists of name of the Respondent(s), date
and details of incident of sexual harassment, name and details of
witness, if any, along with the supporting documents.
20. Who is eligible to file a
complaint?
Aggrieved woman herself;
Where the Aggrieved Woman is unable to make a Complaint on
account of her physical or mental incapacity , a Complaint may
be filed by any prescribed person, on her behalf;
Where the Aggrieved Woman for any other reason is unable to
make a Complaint, a Complaint may be filed by a person who
has knowledge of the incident, with her written consent;
Where the Aggrieved Woman is dead, a Complaint may be filed
by any person who has knowledge of the incident, with the
written consent of her legal heir(s).
21. Procedure of Enquiry
CONCILIATION –
The ICC may, before initiating an inquiry, at the request of the
Aggrieved Woman, take steps to settle the matter between her
and the Respondent.
No monetary settlement shall be made as a basis of conciliation.
The settlement terms shall be recorded in writing and forwarded
to the Board of Directors of the Company. Copies of the same
shall be provided to the Aggrieved Woman and the Respondent.
Where a settlement has been arrived at, no further inquiry shall
be conducted by the ICC.
22. Procedure of Enquiry
ENQUIRY–
In case, conciliation is not possible, ICC shall investigate the complaint and
provide its report, as promptly as possible, but not later than 90 working days
from the date of the Complaint.
The ICC shall follow principles of natural justice in all its proceedings.
Complete confidentiality shall be maintained, unless required by law.
A copy of the Complaint as recorded by ICC shall be given to the Respondent as
well as the Complainant.
The Respondent shall submit his response to the Complaint as well as to
indicate whether the Respondent wishes the ICC to examine any witnesses or
furnish any evidence.
The Complainant shall also indicate in writing whether the Complainant wishes
the ICC to examine any witnesses or furnish any additional evidence.
23. Procedure of Enquiry
Upon receipt of the responses from the Respondent and the
Complainant, the ICC shall conduct a hearing, where both the
Complainant and the Respondent shall be heard in person.
ICC shall be empowered to call upon such of the Employees who may
have been witness to the incident(s) of Sexual Harassment and/or
connected in any manner thereto.
All Employees shall extend their fullest co-operation to ICC.
Upon completion of the hearing, the ICC shall prepare its complete
report, setting out its recommendations on the disciplinary action(s) to be
taken against the Respondent or Complainant (as the case may be).
24. Punishment for Sexual
Harassment
To take action for sexual harassment as an act of misconduct in
accordance with the rules/regulations of the Company governing
‘conduct and discipline’ as applicable to the Respondent; and/or
To deduct such amounts from the salary or wages of the Respondent as
may be considered appropriate to be paid to the Complainant as per the
Policy of the Company.
Section 354, 354 A, 354B, 354 C, 354 D and 509 of Indian Penal Code,
1860 provides for punishment for offences of outraging the modesty of
woman, sexual harassment, disrobe, voyeurism, stalking and insulting
the modesty of woman respectively and the punishment ranges between
rigorous imprisonment from 1 to 3 years AND fine or both.
25. Punishment for Malicious
Compliant or False Evidence
If an Employee is found to have raised a malicious or false Complaint or
given any false evidence, such complainant or such person making evidence
may also be subject to :-
Appropriate disciplinary action, which may include termination of
employment, engagement or relationship with the Company, as the case
may be.
26. Absence of complaints of sexual
harassment doesn’t necessarily
means absence of sexual
harassment….....
27. Refrain from….
Behavior that may offend or hurt people at your workplace;
Behavior that cause harassment to any women employee at your workplace;
Behavior that may be interpreted by another as sexual harassment;
Behavior that may support sexual harassment in any manner;
Disbelieving a woman when she shares about harassment. Remember that
sexual harassment is ‘Unwelcome Behavior’.
Involvement in trivializing the matter of sexual harassment;
Filing or supporting any malicious or false complaint;
Producing any false evidence of sexual harassment.
28. What can you do…...
Be Professional all the time;
Set a positive example;
Think before making personnel comments;
Be supportive of people who wish to talk about being sexually harassed;
Direct them to the appropriate persons/authorities;
Hold the harasser accountable for his actions. Don’t make excuses for him;
Demand that the harassment be stopped;
Report sexual harassment to responsible person in the organisation.
29. Say ‘No’ to Sexual Harassment
Let’s make this Earth a safe and healthy Workplace