POSH Act, 2013 in remote working or working from home
POSH Act, 2013 in remote working or working from home
The current era of social distancing has unwittingly sparked off a giant global experiment of mass remote working. This restructured working policy might have changed the working pattern of the employees but the challenges have still been the same. One of the major challenges is Sexual harassment at the workplace, which continues to be a problem for working women.
According to a
survey, it was found that 86 of 315 respondents claimed they were sexually
harassed while working from home. These figures indicate the relevance of
protecting women from such abuses even during virtual working. At present, the
sexual harassment at the workplace is primarily governed by The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 (“POSH Act”).
Forms of
non-physical/virtual sexual harassment can be unwelcome acts or behaviour that
can occur while working in remote such as “(1) demand or request sexual favours
(2) making sexually coloured remarks (3) showing pornography (4) any other
unwelcome physical, verbal or non-verbal conduct of sexual nature.
Sexual Harassment created not only an insecure and hostile environment but also affected the woman’s performance at work. It also affected their social and economic growth and put them through a lot of physical, emotional and psychological stress.
The act made
it mandatory for all organizations with 10 or more employees to set up an
Internal Complaints Committee to deal with the cases of sexual harassment. The
main aim of this legislation is to protect women at workplaces. It ensures that
sexual harassment of working women in the workplace is prevented and the person
guilty of such an act is dealt with sternly.
Counsel Quest
is fully focused in the arena of POSH related training, compliances, claims and
investigation and advice major companies (domestic and international) and
assist them for the implementation of The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013. Our mission is to
build a robust and a transparent work place for corporates, which can offer a
‘zero prejudicial’ office environment, comparable with international standards
when it comes to administering justice to the Victim as well as to the
Perpetrator of Sexual Harassment.
Providing safe
workspace to employees is a legal right, while sexual harassment constitutes a
gross violation of the same. So, employers and organizations have the key
responsibility of eradicating sexual harassment in all forms within their
workplace. The POSH Act is successful in providing a safe and secure
environment to women in physical as well as virtual workplace. Provided that
the recommendations mentioned above if implemented then it may result in better
implementation of this Act which can go a long way in protecting the rights of
women at the workplace(s).

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