Posh External Member Empanelment
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 with the issues relating to sexual harassment, such a member is also known as an external member of the Internal Complaints Committee (ICC). If the Sexual harassment complaints are not handled properly then they may lead to serious and grave liability, including punitive damages. Therefore, it is advisable for the organizations/Company to seek help of an External Legal Counsel or be affiliated with organizations that are informed and aware of the legal implications related to sexual harassment. As an External Member, we ensure that all the policies, investigations, inquiry and other compliance are in accordance with the Act. As an External Member, we participate in the investigation process; review the policies and procedures; providing guidance and support; prepare final Report; prepare Annual Report. We as an External Member ensure that the transparency and fairness in complaint resolution process is maintained. We strictly maintain confidentiality regarding the complaint. We provide an unbiased perspective and bring expertise and knowledge about the legal framework and best practices related to sexual harassment prevention.
POSH CONSULTATION
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, sexual harassment at a workplace is considered a violation of women’s right to equality, life and liberty. There are many genuine cases which are filed by the aggrieved women however, due to lack of knowledge and evidence it becomes difficult for aggrieved women to present her case before the Internal Committee. Similarly, the person against whom such complaint is filed faces difficulties to defend themselves. Even there is no provision to be represented before the IC through Advocate. However, the Act has not prohibited seeking consultation, assistance and guidance from the Advocates. It is always advisable to have proper guidance before presenting/ defending your case. Apart from this, it is a big challenge for ICC to conduct Inquiry as they are mostly are not from the law background especially when there are certain cases filed by the women employee just to misuse the Act for their financial advantages, for taking revenge, to damage the reputation of the organization and to blackmail to fulfil their illegal demands. Hence, to conduct proper lawful inquiry the companies/organizations need support from the Advocates who have acquired expertise in such cases. We assist our clients who maybe aggrieved women, a person against whom such complaint is file and the organization.
Case Handling And Legal Support
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. We assist in establishing a PoSH compliant workplace, conducting Inquiries, Investigating, resolving disputes through Mediation, Advising Management, and providing legal support. We promptly address all the queries raised by the employees and complaints via phone calls and email. As per the Act, the employer has to create awareness about the Policy, the Redressal Mechanism, Consequences of Sexual Harassment and details of Internal Complaint Committee members (or order constituting it) in conspicuous places anywhere in the office where employees or visitors commonly view or visit, such as the notice board, website, office canteen, restrooms, etc., could be the location of an awareness poster. This will be beneficial not just for the staff members but also for visitors, conveying the message that sexual harassment of any kind is not tolerated at your company.
FORMULATING POLICIES
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 at Workplace (Prevention, Prohibition & Redressal) Act, 2013. It is important to understand that a mere copy of Law or Service Rules is not the same as Policy. Even if there are only men as employees, a PoSH compliant policy is must. Even if there are global policies, Indian policy as per Indian law is must. As mandated by the Act, the organization/company should formulate Anti-Sexual harassment policies. As the act only protect women, therefore, these policies can also be gender neutral to promote and inclusive working environment. If the policies are found to be not in accordance with the Act during the Inspection, then such organization/company can be held liable for penalty and for such repeated offenses, could result in the penalty being doubled, de-registration or revocation of business licenses. Our office provides services to our clients in establishing a secure and efficient workplace, ensuring that the policies of the organizations are compliant with the Act. Our services include Policy formulation, Drafting and Reviewing of existing Rules on Sexual Harassment at Workplace and conciliation.
CONSTITUTING INTERNAL COMPLAINT COMMITTEE
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. To effectively function, the act provides qualification for the members who can be amongst employee preferably committed to the cause of women or who have had experience in social work or have legal knowledge. Inquiry, investigation and other ICC proceedings can often be a challenging task. Therefore, it is important to ensure that ICC members are well trained to navigate through these challenges. The ICC members are expected to handle case diligently as it is a question of modesty and dignity of women and at the same time present and future opportunity of employment of the man who might loose his job. Upon receiving a workplace sexual harassment complaint, we ensure that the inquiries and investigations are conducted lawfully, confidentially, and in accordance with the principles of natural justice. The ICC is also required to maintain the record of such cases and submit their Annual Report. Our office provides services of forming ICC, assistance in inquiry and investigation of the complaint received from aggrieved person and special training to ICC members.
