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Under the POSH Act in India, what is the minimum number of employees an organization must have to be required to form an Internal Complaints Committee (ICC)?
Under the POSH Act in India, what is the minimum number of employees an organization must have to be required to form an Internal Complaints Committee (ICC)?
- 20
- 50
- 10 (correct)
- 100
A company with seven employees experiences a sexual harassment incident. According to the POSH Act, what is the appropriate avenue for addressing the complaint?
A company with seven employees experiences a sexual harassment incident. According to the POSH Act, what is the appropriate avenue for addressing the complaint?
- The complaint cannot be addressed under the POSH Act since the company has fewer than 10 employees.
- The company is required to hire an external consultant to handle the complaint investigation.
- The company must form an ad-hoc ICC to investigate the complaint.
- The complaint should be filed with the Local Complaints Committee (LCC) overseen by the district officer. (correct)
According to the POSH Act, within what time frame must a written complaint of sexual harassment be filed with the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC) from the date of the incident?
According to the POSH Act, within what time frame must a written complaint of sexual harassment be filed with the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC) from the date of the incident?
- Within three months of the incident, with possible extensions under certain circumstances. (correct)
- Within one month of the incident.
- Within one year of the incident.
- Within six months of the incident, without exception.
Which of the following actions would be considered the responsibility of the Internal Complaints Committee (ICC) as defined by the POSH Act?
Which of the following actions would be considered the responsibility of the Internal Complaints Committee (ICC) as defined by the POSH Act?
Which of the following statements accurately reflects a key provision of the POSH Act regarding confidentiality?
Which of the following statements accurately reflects a key provision of the POSH Act regarding confidentiality?
The POSH Act exclusively protects employees in the public sector from sexual harassment.
The POSH Act exclusively protects employees in the public sector from sexual harassment.
Under the POSH Act, a Local Complaints Committee (LCC) is formed at the state level to address complaints.
Under the POSH Act, a Local Complaints Committee (LCC) is formed at the state level to address complaints.
According to the POSH Act, revealing the identity of the complainant during proceedings is permitted for transparency.
According to the POSH Act, revealing the identity of the complainant during proceedings is permitted for transparency.
According to the POSH Act, a complaint of sexual harassment must be filed with the ICC or LCC within six months of the incident.
According to the POSH Act, a complaint of sexual harassment must be filed with the ICC or LCC within six months of the incident.
If an individual is found guilty of sexual harassment under the POSH Act, the penalties are limited to a written warning.
If an individual is found guilty of sexual harassment under the POSH Act, the penalties are limited to a written warning.
Organizations with _____ or more employees must form an ICC to address sexual harassment complaints. The ICC is responsible for investigating complaints and ensuring fair redressal.
Organizations with _____ or more employees must form an ICC to address sexual harassment complaints. The ICC is responsible for investigating complaints and ensuring fair redressal.
The POSH Act was enacted in 2013 as the "Sexual Harassment of Women at Workplace (Prevention, Prohibition, and ______) Act."
The POSH Act was enacted in 2013 as the "Sexual Harassment of Women at Workplace (Prevention, Prohibition, and ______) Act."
The POSH Act applies to all workplaces in India, including public and private sectors, non-governmental organizations, and even _____ work.
The POSH Act applies to all workplaces in India, including public and private sectors, non-governmental organizations, and even _____ work.
A written complaint must be filed with the ICC or LCC within _____ months of the incident.
A written complaint must be filed with the ICC or LCC within _____ months of the incident.
The POSH Act emphasizes maintaining _____ during the proceedings and prohibits any publication of the identity of the complainant, respondent, or witnesses.
The POSH Act emphasizes maintaining _____ during the proceedings and prohibits any publication of the identity of the complainant, respondent, or witnesses.
Flashcards
What is the POSH Act?
What is the POSH Act?
The POSH Act, enacted in 2013, protects women against sexual harassment at the workplace and establishes redressal mechanisms.
What constitutes Sexual Harassment?
What constitutes Sexual Harassment?
Physical contact, unwanted sexual advances, requests for sexual favors, showing pornography, or any unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Who does the POSH Act apply to?
Who does the POSH Act apply to?
All workplaces in India, including public, private, NGOs, and even domestic work, covering both organized and unorganized sectors.
ICC Formation Requirement
ICC Formation Requirement
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How to file a POSH complaint?
How to file a POSH complaint?
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What is an ICC?
What is an ICC?
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What is an LCC?
What is an LCC?
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Who appoints the LCC?
Who appoints the LCC?
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What are the penalties for sexual harassment at work?
What are the penalties for sexual harassment at work?
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Confidentiality under the POSH Act
Confidentiality under the POSH Act
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ICC Formation: Employee Count
ICC Formation: Employee Count
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ICC Responsibilities
ICC Responsibilities
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Purpose of LCC
Purpose of LCC
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POSH Complaint Timeline
POSH Complaint Timeline
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Compensation for Complainant
Compensation for Complainant
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Study Notes
Introduction to POSH Act
- The POSH Act was enacted in 2013, known formally as the "Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act".
- It aims to protect women from sexual harassment in the workplace, establishing mechanisms for prevention and redressal.
Definition of Sexual Harassment
- Sexual harassment includes physical contact, unwanted sexual advances, requests for sexual favors, showing pornography, and unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Workplace Coverage
- The POSH Act applies to all workplaces in India, including public and private sectors, non-governmental organizations, and even domestic work.
- It covers both organized and unorganized sectors, extending protection to all employees regardless of their employment type.
Internal Complaints Committee (ICC)
- Organizations with 10 or more employees are required to form an Internal Complaints Committee (ICC) to address sexual harassment complaints.
- The ICC investigates complaints and ensures fair redressal.
Local Complaints Committee (LCC)
- In districts where an ICC cannot be formed due to fewer employees, a Local Complaints Committee (LCC) is formed, overseen by the district officer.
Process of Filing a Complaint
- A written complaint must be filed with the ICC or LCC within three months of the incident, with possible extensions under certain circumstances.
- The committee investigates the complaint, giving both parties an opportunity to present their case.
Penalties and Disciplinary Actions
- If an offender is found guilty, penalties may include dismissal, termination of employment, or other disciplinary actions.
- The complainant may also be entitled to compensation for the suffering caused by the harassment.
Confidentiality
- The POSH Act emphasizes maintaining confidentiality during the proceedings.
- It prohibits any publication of the identities of the complainant, respondent, or witnesses.
Employer Responsibilities
- Employers must create awareness about the Act.
- They must ensure a safe working environment.
- They must provide clear reporting guidelines.
Protection for All Genders
- Organizations are increasingly implementing gender-neutral policies.
- This ensures the safety and dignity of all employees, even though the Act primarily protects women.
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Description
Study notes on the POSH (Prevention of Sexual Harassment) Act in India, enacted in 2013 to protect women from workplace sexual harassment. It defines sexual harassment, covers diverse workplaces, and mandates Internal Complaints Committees (ICC) for organizations with 10+ employees.