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Hawelikar & Associates
Hawelikar & Associates is a renowned and leading law firm in Navi Mumbai having decades of experience. The firm has its team of highly qualified, knowledgeable and experienced Advocates having vast experience in various fields of law.
The Firm has also acquired expertise in the cases related to Sexual Harassment at Work Place which are commonly known as PoSH Cases. The GOI has enacted a new act Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 which provides protection against sexual harassment of women at work place.
Group of Lawyers With Over Decades of Experience
The Act of Sexual Harassment is defined as unwelcome behaviour of sexual nature in the Act and as per Article 14 and Article 15 of the Constitution of India,
An efficient system for grievance redressal and a strong organizational policy for the prevention and prohibition of sexual harassment is the main aim of the Sexual Harassment of Women
According to the PoSH Act, an employer is required to constitute the Internal Complaint Committee where aggrieved women can submit her complaint of sexual harassment.
According to S.(4)(c) of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal), 2013 it is mandatory for the organization/company to appoint a member amongst non-governmental organisations or associations familiar
Our team of Lawyers understand, plant and execute our client’s requirement with a result oriented approach. We take you through the intricacies of the Anti-Sexual Harassment Laws and its implementation in India.
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Protection of Women from Sexual Harassment Act, 2013
- Physical contact and advances, or
- A demand or request for sexual favours, or
- Making sexually coloured remarks, or
- Showing pornography, or
- Any other unwelcome physical, verbal, non verbal conduct of sexual nature.
- In relation to a workplace, a woman of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent;
- In relation to a dwelling place or house, a woman of any age who is employed in such a dwelling or house
- Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.
- Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting the ICC.
- Organize workshops and awareness programmes at regular intervals for sensitising the employees with the Act.
- Organize orientation programmes for the members of the ICC.
- Provide necessary facilities to the ICC or the LCC for dealing with the complaint and conducting an inquiry.
- Assist in securing the attendance of respondent and witness before the ICC or the LCC and make available such information to the ICC or the LCC with regard to the complaint.
- Provide assistance to the woman if she chooses to file a complaint under IPC or any other law.
- Cause to initiate action under the IPC or any other law against the perpetrator or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place.
- Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.
- Monitor the timely submission of reports by the ICC.
- Presiding Officer (One) a woman employed at a senior level at workplace from amongst employees (in case a senior level women employee is not available, the Presiding officer shall be nominated from the other offices or administrative units of the workplace. In case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other dept or organisation).
- Members (not less than two) from employees preferably committed to the cause of women or who have experience in social work or have legal knowledge.
- Member (One) from amongst non governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.
- At least one half of the total members shall be women.
