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    Posh Act Pbis

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    Rashmi Singh

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    © All Rights Reserved
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    Posh Act Pbis

    Uploaded by

    Rashmi Singh
    2 views29 pages

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    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    2 views29 pages

    Posh Act Pbis

    Uploaded by

    Rashmi Singh

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 29

    Prevention of Sexual

    Harassment of Women at
    Workplace (POsH)
    Special committee for redressing of the sexual
    Harassment of women at work Place.
    ( Internal Complaint Committee)
    Sr Name Designati Contact E- mail Id
    No on

    1 Mrs- Rashmi President 7744916000 rashmi.poddarbrio@gmai


    Singh l.com

    2 Mrs- Philomina Member 9029860991 philomeenadsouza@podd


    Dsouza arbrioschool.com
    3 Mr- Anthony Member 9220568966 srviceprincipal@poddarbr
    Dsouza ioschool.com
    4 Mrs- Priti Mishra Member 8329622057 counsellor@poddarbriosc
    hool.com
    5 Mr- Sachin Member 91304 70066 sachinkarangale@poddar
    Karangle brioschool.com
    6 Mrs- Neetu Member 7030965389 neetusharma@poddarbri
    Sharma oschool.com
    7 Mrs- Pritam Member 9682848484 pritamwalung@poddarbri
    Walunj oschool.com
    How Common is Sexual
    Harassment at Workplace?

    52% Women experience Sexual


    Harassment at Workplace;
    25% touched without invitation;
    20% experienced sexual advances;
    Why Don’t women
    report?
    1 out of 5 do report it;
    80% thinks outcome is poor;
    16% said that the situation worsened
    after they reported;
    What is Sexual
    Harassment?
     ANY UNWELCOME ACT or behavior which is
    SEXUAL in nature.
     A SUBJECTIVE experience .
     IMPACT ( Physiological or psychological)not the
    Intent that matters.
     Prevention
     Perception
    Sexual Harassment
    includes
    • Stalking
    • Physical contact

    • Abusive Sounds • Vulgar/indecent


    jokes, phone calls,
    • Making sexually text massages, e-
    colored remarks mails,
    • Physical confinement
    • Using sexually
    or touches against
    abusive language or
    the will and likely to
    signs in the
    intrude upon one’s
    presence of woman
    privacy; or
    employee;

    • Showing • Demand or request


    pornography or the for sexual favours;
    likes;
    Sexual Harassment
    includes
     Implied or explicit promise of PREFERENTIAL
    TREATMENT in her employment; or
     Implied or explicit THREATENING TREATMENT in her
    employment; or
     Implied or explicit THREAT ABOUT PRESENT AND
    FUTURE EMPLOYMENT STATUS; or
     HOSTILE WORK ENVIRONMENT
     Interference with her work
     Humiliating treatment likely to affect her health or
    safety.
    Physical Touch

    Creating
    Hurdles

    Any
    unwelcome
    act
    What is at stake?

     Brand value – Negative Publicity of our school;


     Decreased Morale and decreased efficiency of
    employees;
     Loss of money for non-compliance of provisions
    Madras High Court awarded
    of law –
    Rs. 1.68 Crores in damages to an
    employee for Non-Constitution of
    ICC.
    Laws Governing Sexual
    Harassment
     The Sexual Harassment of women at workplace
    (Prevention, Prohibition and Redressal) Act, 2013
    and Rules made thereunder.

     Indian Penal Code (Section 209, 354, 376 and


    509), 1860; and

     Industrial Employment (Standing Orders) Act,


    1946
    Prevent Sexual
    Harassment
    No women employee shall be
    subjected to sexual harassment at
    workplace
    Section 3(1) of the Act
    Employees Responsibility

     Understand
     Observe
     Examine
     Confront
     Resolve
     Support
    How to prevent?
    Following are the responsibilities of the employer under the
    Act:-

     Constitution of Internal Complaint Committee (ICC) to


    handle the complaints of sexual harassment;

     Display on the notice board of the premises giving full


    details of members of ICC;

     Display at conspicuous places at workplace, penalties &


    consequences of sexual harassment ;

     Providing training to sensitize the employees on the


    issues and implications of sexual harassment at
    workplace and organizing orientation programme(s) for
    members of ICC.
    Internal Complaint
    Committee
    Every Employer needs to constitute ICC as per the provisions
    of the Act to take care of following matters:-

    To conduct enquiry into the complaints of sexual


    harassment;

    To make recommendations to the Board of Directors of your


    Company in the matters of sexual harassment after
    conclusion of enquiry;

    To file annual report as per the provisions of the Act


    What to do?
     Don’t ignore it. In the
    hope that it will go away.

     Don’t blame yourself and


    don’t delay.

     Be sure to say ‘No’ clearly


    and firmly.

     Speak Out. Speaking out


    about sexual harassment
    is an effective tool in
    combating it.
    What are the
    remedies?
     Any aggrieved woman
    employee (complainant) may
    file a compliant with ICC for
    Redressal of her grievances.

     It is the responsibility of ICC


    to send notice to
    Respondents (against whom
    a complaint of sexual
    harassment has been made)
    within 7 (seven) working
    days.

     The Respondent shall file his


    reply to the complaint along
    with supporting documents.
    Procedure of filing
    Complaint
    Any aggrieved woman may make a complaint in writing
    with any member of ICC

     At the prescribed contact details,

     Preferable within a period of 3 months of the date of


    incident of sexual harassment or in case of series of
    incidents, with in a period of 3 months(90 days) from the
    date of last incident.
     The Complainant shall file minimum six copies of the
    complaint.

     The complaint shall consists of name of the


    Respondent(s), date and details of incident of sexual
    harassment, name and details of witness, if any, along
    Who is eligible to file a
    complaint?
     Aggrieved woman herself;

     Where the Aggrieved Woman is unable to make a


    Complaint on account of her physical or mental
    incapacity , a Complaint may be filed by any prescribed
    person, on her behalf;

     Where the Aggrieved Woman for any other reason is


    unable to make a Complaint, a Complaint may be filed by
    a person who has knowledge of the incident, with her
    written consent;

     Where the Aggrieved Woman is dead, a Complaint may


    be filed by any person who has knowledge of the
    incident, with the written consent of her legal heir(s).
    Procedure of Enquiry
    CONCILIATION –

     The ICC may, before initiating an inquiry, at the request


    of the Aggrieved Woman, take steps to settle the matter
    between her and the Respondent.

     No monetary settlement shall be made as a basis of


    conciliation.

     The settlement terms shall be recorded in writing and


    forwarded to the Board of Directors of the Company.
    Copies of the same shall be provided to the Aggrieved
    Woman and the Respondent.

     Where a settlement has been arrived at, no further


    inquiry shall be conducted by the ICC.
    Procedure of Enquiry
    ENQUIRY–
     In case, conciliation is not possible, ICC shall investigate the complaint
    and provide its report, as promptly as possible, but not later than 90
    working days from the date of the Complaint.

     The ICC shall follow principles of natural justice in all its proceedings.

     Complete confidentiality shall be maintained, unless required by law.

     A copy of the Complaint as recorded by ICC shall be given to the


    Respondent as well as the Complainant.

     The Respondent shall submit his response to the Complaint as well as


    to indicate whether the Respondent wishes the ICC to examine any
    witnesses or furnish any evidence.

     The Complainant shall also indicate in writing whether the


    Complainant wishes the ICC to examine any witnesses or furnish any
    additional evidence.
    Procedure of Enquiry
     Upon receipt of the responses from the Respondent and the
    Complainant, the ICC shall conduct a hearing, where both the
    Complainant and the Respondent shall be heard in person.

     ICC shall be empowered to call upon such of the Employees


    who may have been witness to the incident(s) of Sexual
    Harassment and/or connected in any manner thereto.

     All Employees shall extend their fullest co-operation to ICC.

     Upon completion of the hearing, the ICC shall prepare its


    complete report, setting out its recommendations on the
    disciplinary action(s) to be taken against the Respondent or
    Complainant (as the case may be).
    Punishment for Sexual
    Harassment
     To take action for sexual harassment as an act of misconduct in
    accordance with the rules/regulations of the Company
    governing ‘conduct and discipline’ as applicable to the
    Respondent; and/or

     To deduct such amounts from the salary or wages of the


    Respondent as may be considered appropriate to be
    paid to the Complainant as per the Policy of the
    Company.

     Section 354, 354 A, 354B, 354 C, 354 D and 509 of Indian Penal
    Code, 1860 provides for punishment for offences of outraging
    the modesty of woman, sexual harassment, disrobe,
    voyeurism, stalking and insulting the modesty of woman
    respectively and the punishment ranges between rigorous
    Punishment for Malicious
    Compliant or False Evidence

    If an Employee is found to have raised a malicious or false


    Complaint or given any false evidence, such complainant or such
    person making evidence may also be subject to :-

     Appropriate disciplinary action, which may include


    termination of employment, engagement or relationship with
    the Company, as the case may be.
    Absence of complaints of sexual
    harassment doesn’t necessarily
    means absence of sexual
    harassment….....
    Refrain from….
     Behavior that may offend or hurt people at your workplace;

     Behavior that cause harassment to any women employee at your


    workplace;

     Behavior that may be interpreted by another as sexual harassment;

     Behavior that may support sexual harassment in any manner;

     Disbelieving a woman when she shares about harassment. Remember


    that sexual harassment is ‘Unwelcome Behavior’.

     Involvement in trivializing the matter of sexual harassment;

     Filing or supporting any malicious or false complaint;

     Producing any false evidence of sexual harassment.


    What can you do…...
     Be Professional all the time;

     Set a positive example;

     Think before making personnel comments;

     Be supportive of people who wish to talk about being sexually


    harassed;

     Direct them to the appropriate persons/authorities;

     Hold the harasser accountable for his actions. Don’t make excuses for
    him;

     Demand that the harassment be stopped;

     Report sexual harassment to responsible person in the organisation.


    Say ‘No’ to Sexual
    Harassment
    Let’s make this Earth a safe and healthy Workplace
    Thank You

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