Prevention of Sexual Harassment: PoSH

Prevention of Sexual Harassment: PoSH

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013(herein after referred as PoSH Act) is the first and the only legislation in Indian laws that deal specifically with sexual harassment of Women at the workplace. Though, India has several criminal and civil provisions that are related to sexual harassment and also have prescribed punishment for the same under section 354 of the Indian Penal Code (hereinafter referred to as IPC) which speaks about outraging the modesty of a woman. The defined punishment of which is 1 year of imprisonment or fine or can be both depends on the discretion of the court.

What is Sexual harassment?

The definition of sexual harassment is well-defined in the POSH Act, It states that “sexual harassment is any unwelcome sexual behaviour, whether directly expressed or implied, and includes the case of physical contacts and advances, or sexual favour demanded or requested, or making remarks with sexual overtones, or showing pornography or other offensive material, or acting in an unwelcome sexual manner through physical, verbal, or non-verbal means.

Who is Employee under the PoSH Act?

Section 2(f) “employee” defines any person employed at a workplace on a regular, transitory, ad – hoc basis, or daily salary basis, whether directly or via an agency, including a contractor, for any task, with or without the knowledge of the principal employer, whether for remuneration or not, or working voluntarily or otherwise, whether the terms of employment are express or implied, and entails a co-worker, probationer, a contract worker, trainee.

What are the different objectives of the PoSH Act?

PoSH is an act to protect, prevent and prohibit sexual harassment of women at workplace. The main objective of the PoSH Act is to provide a safe and healthy workplace to each and every employee of any organisation. In addition to this it is essential to give a dignified life to all their female employee. The sexual harassment not only means physical torture but it also includes passing sexual comments, bullying, body shaming, taunting and other minor things by the colleagues and higher authorities.

What are the two main committees constituted under PoSH Act?

The two main committees constituted under PoSH Act for preventing the sexual harassment at work place: Internal and Local Committees.

Internal Committee: It is mandatory for every organisation to set up an internal committee if the company is equipped with more than 10 or more employees. The committee is to be formed under the provisions of the PoSH Act and the quorum of members is to be decided according to the provisions of the legislation. The non-compliance of which will attract a fine of Rs.50,000.

Local committee: A local committee is established in each district for dealing with the matter of sexual harassment in the workplace. Before registering the complaint in the local committee, one should go to the internal committee. The committee is established under Section 5 of the PoSH Act by repealing &the Amendment Act of 2016.

Powers of the committee: With the introduction of two different committees, powers are also specified in the Act. The committee can

  • Summon and interrogate the accused person under the oath.
  • Can ask for the discovery of documents.
  • Any other things that are essential for the case.

The legislation deals with all the basic provisions such as definition, punishment, and appropriate channels to complain for any sort of physical and mental harassment faced by any women at their workplaces and it also assures that the women stays safe.

–Surbhi Singla

Associate at Aggarwals& Associates, S.A.S, Nagar Mohali.

Hire the Best Labour Law Lawyers in Chandigarh

Hire the Best Labour Law Lawyers in Chandigarh

Unquestionably, many employment disputes result in litigation. The greater part of the working sector is unaware of the compliances and privileges granted under the various labour laws. Compliance with labour laws is one of the important issues that many corporates have to deal with. The Employers, workforce, and Contractors must make sure that they are bound and monitor the compliances with all the relevant legislation so that disputes and litigation may be minimized to some extent.

When do you need a Labour Lawyer in Chandigarh?

Employers, as well as employees, may need to hire the Labour Lawyer to protect their interests. If you are an Employee then consult Labour Law Lawyers in Chandigarh if: –

  • You are terminated illegally by your employer.
  • Your employer denied paying retrenchment compensation.
  • You are not getting wages for overtime.
  • You got a legal notice from your employer.
  • You need to file a suit against your employer.
  • Your employer refused to pay gratuity and other statutory remunerations at the time of termination.

Whereas, being an employer you might be needed the assistance of the Labour Lawyers in Chandigarh in the following situations:-

  • For compliance with the existing labour laws like ESIC and EPFO etc.
  • Drafting of HR manual and other policies.
  • Drafting of employment agreements and any other agreements like Non-Disclosure and Confidentiality Agreements etc.
  • Guidance for termination of any employee.
  • You want to send a legal notice to the employee.
  • You are required to file a suit against the employee.
  • If your employee has filed or threatened to file a suit against you.

Hence, proper advice and guidance from Labour Law Lawyers in Chandigarh are required to handle such situations. At Aggarwals & Associates, we are just a call away to get professional guidance on labour law matters for the employers and the employees.

How to find Labour Law Lawyers in Chandigarh?

You can search the Labour Law Lawyers in Chandigarh either by making a traditional search or through an online search. It is your call to choose the way as per your ease. Nevertheless, the traditional hunt is made out through the references received from family members, friends, colleagues, etc. Even you can seek recommendations for a Labour Lawyer from you known lawyer practising in any other legal arena because usually, lawyers have contacts with other lawyers involved in other areas of law.

Whereas, finding a Labour Lawyer in Chandigarh is more convenient because of less use of energy and time as well. Nowadays, there are plethoras of online legal directories that provide the list of lawyers and main areas of practice and location.

How much do Labour Lawyers in Chandigarh cost?

Before finalizing a Labour Lawyer for your case, it’s important to know how much he/she charges and how he/she structure the legal fee so that you can set appropriate expectations. Most of the Labour Lawyers in Chandigarh charge according to their experience and nature of the case. However, every lawyer has his/her own fee structure, which might be based on per hearing, fixed fee for one case, and retainers. Especially, if you need regular advice in labour laws, you can opt for retainers. Under retainership, lawyers charge on a monthly, quarterly, and even yearly basis according to the workload and size of the business.

If you need the assistance of the Labour Lawyer, then feel free to contact us as we have a team of best Labour Law Lawyers in Chandigarh, who are highly proficient in Labour Laws and able to provide adept legal consultation to both the employers as well as the employees.