POSH Act: Sexual Harassment Prevention in India
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Questions and Answers

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?

  • 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?

  • 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?

<p>Investigating complaints of sexual harassment and ensuring fair redressal. (A)</p> Signup and view all the answers

Which of the following statements accurately reflects a key provision of the POSH Act regarding confidentiality?

<p>Maintaining confidentiality during proceedings is emphasized, and publicizing identities is prohibited. (B)</p> Signup and view all the answers

The POSH Act exclusively protects employees in the public sector from sexual harassment.

<p>False (B)</p> Signup and view all the answers

Under the POSH Act, a Local Complaints Committee (LCC) is formed at the state level to address complaints.

<p>False (B)</p> Signup and view all the answers

According to the POSH Act, revealing the identity of the complainant during proceedings is permitted for transparency.

<p>False (B)</p> Signup and view all the answers

According to the POSH Act, a complaint of sexual harassment must be filed with the ICC or LCC within six months of the incident.

<p>False (B)</p> Signup and view all the answers

If an individual is found guilty of sexual harassment under the POSH Act, the penalties are limited to a written warning.

<p>False (B)</p> Signup and view all the answers

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.

<p>10</p> Signup and view all the answers

The POSH Act was enacted in 2013 as the "Sexual Harassment of Women at Workplace (Prevention, Prohibition, and ______) Act."

<p>Redressal</p> Signup and view all the answers

The POSH Act applies to all workplaces in India, including public and private sectors, non-governmental organizations, and even _____ work.

<p>domestic</p> Signup and view all the answers

A written complaint must be filed with the ICC or LCC within _____ months of the incident.

<p>three</p> Signup and view all the answers

The POSH Act emphasizes maintaining _____ during the proceedings and prohibits any publication of the identity of the complainant, respondent, or witnesses.

<p>confidentiality</p> Signup and view all the answers

Flashcards

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?

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?

All workplaces in India, including public, private, NGOs, and even domestic work, covering both organized and unorganized sectors.

ICC Formation Requirement

Organizations with 10 or more employees must form an Internal Complaints Committee (ICC) to address sexual harassment complaints.

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How to file a POSH complaint?

A written complaint must be filed within three months of the incident; the committee investigates and offers both parties a hearing.

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What is an ICC?

A committee formed in organizations with 10 or more employees to address sexual harassment complaints.

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What is an LCC?

A committee formed at the district level when an ICC cannot be formed due to fewer than 10 employees in an organization.

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Who appoints the LCC?

The district officer.

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What are the penalties for sexual harassment at work?

Dismissal, termination, or other disciplinary actions. The complainant may also be entitled to compensation.

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Confidentiality under the POSH Act

Maintaining confidentiality during proceedings and prohibiting publicizing the identity of involved parties.

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ICC Formation: Employee Count

Organizations with 10 or more employees.

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ICC Responsibilities

Investigating complaints and ensuring fair redressal related to sexual harassment.

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Purpose of LCC

A committee to address sexual harassment when an ICC cannot be formed.

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POSH Complaint Timeline

Within three months of the incident, with possible extensions.

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Compensation for Complainant

The affected employee may receive compensation for suffering caused by the harassment.

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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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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.

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