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ALL ABOUT APPEAL UNDERS POSH ACT 2013

Section 18 (1) of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the Act) read with Rule 11 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013 allows aggrieved person affected by the recommendations of the Internal Committee (IC) file an appeal if he/she isn’t satisfied with the recommendations

If the aggrieved person is governed by The Central Civil Services (Classification, Control and Appeal) Rules, 1965 and is not satisfied with the recommendations of the IC, then his/her representation shall be filed with the Disciplinary Authority. If the aggrieved is not satisfied with the Disciplinary Authority’s decision, he/she can file an appeal with the State or Central Administrative Tribunal whoever has the jurisdiction in that matter.

If the aggrieved person is NOT governed by The Central Civil Services (Classification, Control and Appeal) Rules, 1965 then clause (a) of Section 2 of The Industrial Employment (Standing Orders) Act, 1946 comes into picture.

“2. (a) “appellate authority” means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act”

Section 2 (b) of The Industrial Employment (Standing Orders) Act, 1946 reads thus-

“appropriate Government” means in respect of industrial establishments under the control of the Central Government or a [Railway Administration] or in a major port, mine or oil-field, the Central Government, and in all other cases, the State Government:

[Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties]

Limitation period-

An appeal shall be preferred within a period of ninety days of the receipt of recommendations.

#ALL ABOUT APPEAL UNDERS POSH ACT 2013

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Top 5 Benefits of Conducting POSH Training

When we talk about POSH (Prevention of Sexual Harassment at Workplace), there are various reactions we get to hear. Many employers do not know about the law and legal responsibilities. POSH training sessions are also perceived as is only for women. Men are scared of POSH and believe it is against them.

However, after conducting sessions at various places across the industry and all levels, we see there are many benefits of conducting POSH training sessions.

The top 5 benefits of conducting POSH training are as follows:

Helps companies comply with legal responsibilities

POSH training ensures prevention, prohibition and protection from sexual harassment in the workplace. POSH training has been compulsory in India since 2013, when the ACT was passed. According to the ACT, any company/organization with more than ten employees should have mandatory POSH training for all their employees and employers.

It has been made mandatory so that every employee and employer know what comes under workplace sexual harassment, the process of filing the complaint against it, the procedure of redressal of the issue and the consequences and penalties for non-compliance.

Posh Awareness Training for Employees

It helps to create a safe work environment.

Today, many employees, especially women, do not feel secure. If the POSH policy is in place and employers conduct POSH training and discuss the challenges of sexual harassment, it makes employees feel safe. Sometimes men employees are also scared of someone filing a malicious complaint, and the training gives them a clear understanding of the consequences of filing a false complaint.

Posh Awareness Training for Employees

A clear understanding of sexual harassment

POSH training creates awareness among staff. Training ensures a safe working environment for women. Employees clearly understand the kind of behaviour that falls under sexual harassment, giving them clarity. All employees are equally aware of and can help report sexual harassment when they are all trained at the same time. The POSH training also educates participants on all aspects of sexual harassment, what can be subject to fraudulent complaints, and how to enforce the law effectively and prevent abuse.

Posh Awareness Training for Employees

Reduce incidents and improve productivity

Awareness comes with responsibility. Through POSH awareness training, staff gain more knowledge, ensure compliance with laws, and have fewer incidents occur. Moreover, when all employees are treated equally, it creates an environment to thrive in the workplace. Employees feel comfortable interacting, working together, and communicating as they feel safe. People also have a high level of job satisfaction that helps retain employees. All of this together includes providing high productivity in the workplace.

Posh Awareness Training for Employees

Redressal mechanism

Training helps the employees understand the Internal Committee's functioning (IC). The training educates employees on how to proceed if sexual harassment occurs at the workplace. The POSH awareness session also educates them on the importance of confidentiality. As the POSH act mentions the timeline of complaints, employees know when to file complaints and when to expect the resolution.

Posh Awareness Training for Employees

Posh Training For Employees in Gurgaon

POSHADVO firmly believes, as an organization, that sexual harassment is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons.