Home
 > 
Policies
 > 
Posh Guideline

POSH at Work

Last updated: 2022-04-30

Introduction
Policy Objective
Scope
Resolution Procedure through Conciliation
Resolution Procedure through Formal Inquiry
Complaint Unsubstantiated
Complaint Substantiated
Penal Consequences of Sexual Harassment
Malicious Complaints
Confidentiality
Awareness and Training

Innovation, Research, and Progress: Read Our Leading Journals Now!
Journals

Connect with Peers and Establish Your Academic Presence: Use Our Profile ID!
APID

The Ultimate Author Services Hub: Unlock Your Writing Potential!
ConWiz

Where Ideas Meet Action: Attend Our Innovative Conferences!
STM Conferences

The Key to Your Success: Our Dynamic and Engaging Training Programs!
Training Programs

The Ultimate Platform for Aspiring Authors: Submit Your Manuscript Today!
Manuscript engine






The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
Download

In the modern workplace, ensuring a safe and respectful environment for all employees is paramount. One crucial aspect of this endeavor is the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, commonly known as POSH (Prevention of Sexual Harassment). POSH at Work signifies the commitment of organizations to prevent, address, and redress instances of sexual harassment within their premises.

"The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act and Rules 2013 (“Law”) mandates every organization to “provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace” (Section 19 (a)).

All organizations (whether public or private) having 10 or more employees (whether permanent, temporary, ad-hoc, consultants, interns, or contract workers irrespective of gender) are mandated under Law to comply with certain requirements laid down under the POSH Act. This Law also lays down the redressal mechanism wherein the aggrieved person can file a sexual harassment complaint with the Internal Committee of the organization.

Sexual harassment at the workplace results in violation of the fundamental rights of a woman

  • to equality under Articles 14 and 15 of the Constitution of India
  • to life and to live with dignity under article 21 of the Constitution
  • to practice any profession or to carry on any occupation, trade or business which includes a right to asafe environment free from sexual harassment.

Introduction

Consortium eLearning Network Pvt Ltd ("the Company") is committed to providing a safe, secure, and dignified work environment free from sexual harassment. This policy adheres to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) and relevant international conventions.

Policy Objective

To ensure a respectful work environment by preventing and redressing sexual harassment incidents.

Scope

This policy applies to all employees (full-time, part-time, trainees, interns), consultants, contractors, and visitors across all Company locations.

Definitions
  • Sexual Harassment: Includes unwelcome acts or behaviors such as:
  • Physical contact and advances.
  • Demand or request for sexual favors.
  • Making sexually colored remarks.
  • Showing pornography.
  • Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
  • Aggrieved Woman: Any woman who alleges to have been subjected to sexual harass-ment.
  • Respondent: The person against whom a complaint of sexual harassment is made.
  • Employee: Any person employed at the workplace, whether on a regular, temporary, ad-hoc, or daily wage basis, including trainees, interns, and volunteers.
  • Workplace: Includes all company premises, locations visited by employees during work, and any place where the employee is present due to work.
Internal Complaints Committee (ICC):

The Company has established an Internal Complaints Committee (ICC) to address complaints of sexual harassment.

  • Composition:
  • Presiding Officer: A senior woman employee
  • Members: At least two employees committed to the cause of women or having legal knowledge.
  • External Member: From an NGO or association familiar with sexual harassment issues.
  • Tenure: ICC members hold office for three years.
  • Confidentiality: Strictly maintained throughout the process.

Require internal resource to coordinate & handle complaints of sexual harassment at workplace?

Internal Complaints Committee (ICC)
Filing a Complaint:
  • Complaints must be submitted in writing to the ICC within three months from the date of the incident (extendable by another three months for valid reasons).
  • Assistance will be provided by the ICC to file the complaint if needed.
  • Complaints can also be filed by a relative, friend, co-worker, or others if the complainant is unable to do so.
Receiving a Complaint
  • Listen to the complainant with empathy and without judgment.
  • Document the complaint accurately using the complainant’s own words.
  • Maintain strict confidentiality throughout the process.
  • Inform the complainant about the ICC process and timelines.

Resolution Procedure through Conciliation

  • Before initiating an inquiry, the ICC may offer conciliation to the complainant if re-quested.
  • No monetary settlement is permitted.
  • If a settlement is reached, it will be recorded and no further inquiry will be conducted.

Resolution Procedure through Formal Inquiry

  • The ICC will initiate an inquiry if conciliation is not requested or fails.
  • The complainant and respondent will be given opportunities to present their cases.
  • Witnesses may be called, and all relevant documents reviewed.
  • The inquiry will be completed within 90 days.
Termination of Inquiry
  • The inquiry may be terminated or an ex-parte decision given if the complainant or re-spondent is absent for three consecutive hearings without sufficient reason.
  • A 15-day written notice will be given before termination.
Action to be Taken After Inquiry
  • The ICC will submit its findings to the employer within 10 days of completing the in-quiry.
  • Based on the findings, appropriate action will be taken by the employer.

Complaint Unsubstantiated

  • If the ICC concludes that the complaint is not substantiated, no action will be taken against the respondent.
  • Both parties will be informed that the matter is closed and no retaliation will be tolerated.
  • If the ICC concludes that the complaint is not substantiated, no action will be taken against the respondent.
  • Both parties will be informed that the matter is closed and no retaliation will be tolerated.

Complaint Substantiated

If the ICC concludes that the complaint is substantiated, the employer will take action in accordance with the service rules and policies, which may include counseling, written apology, warning, reprimand, withholding promotion, suspension, or termination.

Penal Consequences of Sexual Harassment

If the ICC concludes that the complaint is substantiated, the employer will take action in accordance with the service rules and policies, which may include counseling, written apology, warning, reprimand, withholding promotion, suspension, or termination.

  • If the offense is severe and covered under the Indian Penal Code, the ICC will recom-mend filing a police complaint.
  • Sexual harassment under Section 354A of the IPC is a cognizable offense.

Malicious Complaints

  • If the ICC finds that the complaint was made with malicious intent, disciplinary action will be taken against the complainant
  • Inability to substantiate a complaint does not necessarily imply malicious intent.

Confidentiality

  • The identity of the complainant, respondent, and witnesses, and all details of the inquiry will be kept confidential.

Awareness and Training

Despite these limitations, Consortium e Learning Network Private Limited remains committed to upholding the principles of the POSH Act and creating a workplace environment that is safe, inclusive, and free from sexual harassment. The organization continues to explore ways to overcome these challenges and enhance its efforts towards preventing and addressing sexual harassment effectively.

Back To Top