Any inquiry into a complaint of sexual harassment at the workplace must be in accordance with the relevant rules and in line with the principles of natural justice, the Supreme Court has clearly stated.
Sexual Harassment
The employer must also carry out orientation programmes and seminars for the members of the Internal Committee, carry out employees' awareness programmes, conduct capacity building and skill building programmes for the members of the Internal Committee, and declare the names and contact details of...
Author in the article makes a case of challenges as mentioned, besides others, entails a need to re-visit the provisions of the Act to make them holistic, clear, practical and more effective.
Apart from having effective workplace policies and well-functioning complaint mechanisms, organisations must also focus on effective communication and dissemination of such workplace policies.
India Inc. needs to understand that the SHW law is merely a step in building a safe work environment for women to start with and all sexes to end with. If compliance is done as lip service, it is an opportunity lost. Workplaces need to be educated and empowered not just to comply with the law, but...
There is a thin line between moral obligation of respecting a female co-worker and the legal obligation to do so. The IC cannot superimpose its moralities on the workforce but must be guided by legal principles and determine outcome of the misconduct empirically.
Effective monitoring by Govt Authorities of full-scale implementation is yet to be the order of the day; therefore, large no. of employers tend to comply with POSH Laws as a mere ritual or rigmarole or sham.
The organisations need to not only make compliances in regards to the provisions of the enactment but needs to channelise the mindset of individuals.
The naïve optimism surrounding the advantages of the PoSH Act need to be balanced through a deeper understanding of the disadvantages hidden within the Act in its current form. The Act needs to specify stringent anti-retaliation measures to alleviate the fear of retribution for lodging a sexual...
The purpose and aim of any policy in the organisation should not be to create fear among the employees but to make them aware and make it a part of their code of conduct and imbibing it as culture. It should make each and every employee more responsible and accountable to uphold the law.