POSH MECHANISM

Page 1: Introduction

• Overview of the Preventive Authorities' Complaint Process.

• Explanation of Local Committee (LC) and Internal Committee (IC) powers and responsibilities.

Page 2: Framework

• Key Elements of the Framework:

  • District Officer: Definition and role.

  • Responsibilities: Outlined scopes of duty.

  • Employee Expectations: Standards for employee behavior.

  • Knowledge and Training: Importance of skills training for employees.

  • Filing Complaints: Where and how to file.

  • Complaint Process: Steps involved once a complaint is filed.

  • Key Responsibilities of IC: Specific duties of the Internal Committee.

  • Do's and Don'ts: Best practices for handling complaints.

  • Non-Negotiables: Essential protocols that must be followed.

Page 3: Amendments to the POSH Act

• Amendment Year: 2013-2014.

• Significant Changes:

  • Change of terms from "Local Complaints Committee" to "Local Committee."

  • Change of terms from "Internal Complaints Committee" to "Internal Committee."

Page 4: Gender Neutral Policy

• Proposed gender-neutral POSH Policy:

  • Organizations can implement gender-neutral policies allowing all genders to file complaints.

  • Clarification on the applicability of Internal Committee powers to complaints from men or third gender.

  • Recommendation to reference separate policies for non-female complaints in POSH documentation.

Page 5: Local Committee (LC) Functionality

• District Officer Role:

  • Appointed District Officer responsible for LC formation.

• Responsibilities of LC:

  • Hear complaints from women in small establishments (<10 workers) and unorganised sectors.

  • Address issues raised by domestic helps.

Page 6: Roles and Responsibilities of District Officer

• Tasks:

  • Prepare annual reports from employers.

  • Designate nodal officers for various districts.

  • Monitor LC's report submissions and raise awareness through NGOs.

Page 7: Definition of Local Committee (LC)

• Established under Section 6 of POSH Act.

• Main Functions:

  • Address complaints from organizations without an Internal Committee (under 10 employees).

  • Serve women working in unorganised sectors.

Page 8: Composition of Local Committee

• Members Nominated:

  • Chairperson: Eminent woman in social work.

  • Additional members from local organizations and bodies, including legal advisors.

Page 9: Guidelines for Constituting the LC

• Considerations:

  • Legal expertise among members.

  • Representation from marginalized communities.

  • Jurisdiction to be clearly defined within the district.

Page 10: Eligibility Criteria for LC Members

• Composition:

  1. Chairperson: Eminent women.

  2. Nominated women from local governance structures.

  3. NGO members, with female representation.

  4. Ex-officio member from social welfare department.

Page 11: Tenure and Disqualification of LC Members

• Tenure: Three years with conditions for early removal.

• Grounds for Disqualification: Breaches of confidentiality, criminal convictions, disciplinary actions, or abuse of power.

Page 12: Inquiry Process for Complaints

• Grounds for Inquiry Initiation:

  • Non-consent to conciliation or breach of conciliation terms.

Page 13: Powers of the IC and LC

• Powers equivalent to those of a Civil Court as per Section 11 of the POSH Act:

  • Summoning individuals, document production, etc.

Page 14: Legal Foundation Via Case Law

• Key cases influencing interpretation and implementation of the POSH Act.

Page 15: Training and Skills Development

• Importance of continuous training for members of the Internal Complaints Committee to manage various complaints effectively and fairly.

Page 16: Who Can File a Complaint

• Eligibility: Any aggrieved woman within three months from the incident.

Page 17: Contents of a Complaint

• Information required: name, date, time, working relation, description.

Page 18: Rights of Complainants and Respondents

• Complainant Rights: Options for conciliation, interim measures, and appeals.

• Respondent Rights: Fair hearing and rights to refuse settlement.

Page 19: Interim Measures

• Proposed actions to mitigate ongoing harassment during inquiry: transfers, leave, restrictions.

Page 20: Conciliation Process

• Role of IC: Facilitation of conciliation and documenting agreements in complaints.

Page 21: Inquiry Procedure

• Steps in processing complaints: submission copies, respondent responses, timelines for replies.

Page 22: Consequences of False Complaints

• Potential punitive actions against complainants who submit false or malicious claims.

Page 23: Action Timeline for Complaints

• Detailed schedule from filing a complaint to resolution, emphasizing promptness in the procedures

Page 24: Inquiry Report

• Reporting Obligations: Requirements for the IC to provide findings to the employer and involved parties.

Page 25: Findings and Recommendations

• Possible outcomes of an inquiry:

  • Not guilty: no action.

  • Malicious complaint: action against complainant.

  • Guilty: punishment as per service rules.

Page 26: Do's and Don’ts for Internal Committees

• Best practices include: avoiding pressure, ensuring documentation adherence.

Page 27: Basic Steps for Handling Complaints

• Recommended sequence: taking complaints, interviewing, investigation, and decision making.

Page 28: Engaging Witnesses in Inquiries

• Guidelines on how to interact with witnesses without bias or influence.

Page 29: Penalties for Employer Non-Compliance

• Fines and Actions: Financial penalties for non-compliance along with potential consequences affecting business licenses.

Page 30: Online Complaint Mechanism

• SHe-Box: Platform for filing complaints, managing follow-ups, and government resources.

Page 31: Case Law Reference

• Summary of key judgments illustrating the application of the POSH Act, focusing on workplace definitions and contexts.

Page 32: Continuing Case Analysis

• Analysis of a significant case that set precedent in understanding workplace definitions in light of technology advancements.

Page 33: Additional Case Studies

• Examination of specific cases highlighting the nuances of sexual harassment definitions and implied obligations.

Page 34: Case Analysis Snapshot

• A breakdown of a notable case displaying the importance of addressing sexual harassment comprehensively, beyond traditional definitions.

Page 35: Final Case Presentation

• Depiction of a complex scenario requiring careful evaluation by the IC to uphold the integrity of the investigation.