Sexual harassment at workplace of women in the workplace is a major source of worry for humankind as a whole. It cannot be defined in a restricted sense since it may involve sexual approaches and other verbal or physical sexual harassment at workplace, as a result of which victims of sexual harassment at workplace suffer from significant psychological and health concerns such as stress, sadness, anxiety, humiliation, and guilt.
The PoSH Act 2013 was enacted with the goal of preventing and protecting women from sexual harassment at workplace and, as a result, ensuring a safe working environment for women. The PoSH Act 2013 mandates any employer with more than ten (10) workers to form an Internal Complaints Committee (“ICC”) in the prescribed way in order to accept and resolve complaints of any kind of sexual harassment at workplace from women in a time-bound and strictly secret manner.
Redressal Do’s And Dont’s
To adequately manage sexual harassment at workplace allegations at work, the ICC must first be aware of their key responsibilities, which include
(i) being thoroughly prepared with the laws and procedures, including but not limited to policies, service rules, and relevant rules and regulations;
(ii) gathering and recording all relevant information, documents with respect to the complaint made by the aggrieved; and
(iii) determining the main issues in the complaint and acting accordingly.
The ICC must carry out the following tasks:
- Create a conducive meeting setting.
- Use body language that indicates your undivided attention to the parties.
- Respectfully address the complaint.
- Discard any preconceived notions.
- Determine the damage.
However, the ICC must refrain from engaging in the following activities:
- Aggressiveness is required.
- Insist on a visual depiction of sexual harassment at workplace.
- In the presence of the complainant or responder, examine and debate the complaint.
When it comes to resolving sexual harassment at workplace, employees/workers have the right to expect the following: a trained, skilled, and competent complaints committee, a time-bound process, information confidentiality, assurance of non-retaliation, counselling or other enabling support where needed, and assistance if the complainant chooses to pursue criminal proceedings.
If the employer fails to form the ICC and/or violates, seeks to violate, or aids and abets the violation of other sections of this PoSH Act 2013 or the PoSH Act 2013, he or she will be fined up to INR 50,000/-. (Indian Rupees Fifty Thousand Only).
