Posts

Showing posts with the label Local Complaints Committee

Understanding the POSH Act 2013 and the POCSO Act: Safeguarding Rights and Dignity

The POSH Act (Prevention of Sexual Harassment at Workplace Act, 2013) and the POCSO Act (Protection of Children from Sexual Offences Act, 2012) are two landmark legislations in India that aim to protect individuals from sexual misconduct and abuse. While both laws address different contexts and demographics, they are united in their mission to uphold dignity, safety, and justice. The POSH Act, 2013 The POSH Act was enacted in response to the increasing awareness of sexual harassment in workplaces. The law is based on the Supreme Court’s guidelines laid down in the famous Vishaka judgment of 1997. Its primary objective is to provide a safe and secure working environment for women. Key Features of the POSH Act The act defines sexual harassment as unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It applies to all workplaces, including private organizations, public sector units, NGOs, and even domestic workers. Organizations with 10 or more employees are required to c...

Navigating the Virtual Workplace: Addressing Digital Harassment under the POSH Act

The advent of remote work, accelerated by global events, has transformed the traditional office landscape, bringing about unprecedented challenges and opportunities. As organizations navigate the digital realm, issues related to digital harassment have gained prominence, prompting a closer examination of how the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) is applied in virtual workspaces. This article explores the trends in addressing online harassment, the challenges faced, and the evolving landscape of workplace regulations in the digital era. The Digital Workspace Landscape: The shift to remote work has redefined the workplace, allowing for flexibility and accessibility but also presenting unique challenges. Virtual interactions, often conducted through various digital platforms, have become the new norm. However, this transition has brought to light the prevalence of digital harassment, encompassing a range of behaviors fro...

Posh Law - Navigating the Shadows: Addressing Sexual Harassment in the Virtual Workspace

In an increasingly digital world, the way we work has undergone a radical transformation. The COVID-19 pandemic accelerated the shift towards remote work, making virtual spaces the new norm for countless professionals. While this transition brought numerous advantages, it has also exposed a darker side—the prevalence of sexual harassment in virtual workspaces.  This article delves into the pressing issue of sexual harassment in the virtual workspace, its forms, consequences, and how organizations and individuals can combat it. The Pervasiveness of Virtual Harassment The virtual workspace offers convenience and flexibility, allowing employees to work from the comfort of their homes. However, it has also given rise to a new avenue for sexual harassment. Sexual harassment in the virtual realm can take various forms: 1. Unwanted Advances: Unsolicited messages, comments, or advances of a sexual nature through email, chat, or video conferencing platforms. 2. Inappropriate Content:...

The Prevention of Sexual Harassment (POSH) Act 2013 in India and the sexual harassment laws in the United Arab Emirates (UAE)

The Prevention of Sexual Harassment (POSH) Act 2013 in India and the sexual harassment laws in the United Arab Emirates (UAE) serve similar purposes in addressing and preventing sexual harassment in the workplace. However, there are notable differences in their legal frameworks and application due to the distinct cultural, legal, and regulatory contexts of the two countries. Here's a comparative overview: Prevention of Sexual Harassment (POSH) Act 2013 (India): 1. Scope and Applicability: • The POSH Act applies specifically to workplaces in India, including both public and private sectors, covering employees, interns, and volunteers. • It defines sexual harassment and mandates the establishment of Internal Complaints Committees (ICCs) in organizations to address complaints. 2. Offenses and Definitions: • The Act defines sexual harassment in a comprehensive manner, encompassing various forms of unwelcome behavior, advances, or requests of a sexual nature. • The focus is...

What is Local Complaints Committee?

Local Complaints Committee (LCC) is a body formulated according to the Section 6 of the POSH Act . The section states that the District Officer must form the Local Complaints Committee for the respective district. LCC will receive and redress complaints of sexual harassment from: Employees of organizations that do not have an Internal Committee because it has less than ten employees. Women working in unorganized sector like housekeeping staff and Employees from organization with more than ten employees if the complaint is against the employer him/herself. The jurisdiction of LCC extends to the areas of the district where it is constituted.