Best POSH Compliance Law Firm in Delhi
Best POSH Compliance Law Firm in Delhi
The Indian legal
landscape changed significantly in 2013, when the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act (commonly
called POSH or The Act) became law.
POSH was India’s
first piece of legislation that specifically dealt with workplace
sexual harassment of women. Now, Indian employers are responsible for ensuring
a safe working environment by preventing, prohibiting and redressing sexual
harassment.
The POSH Act: Scope & Applicability
The Act is unique in
a number of ways. First, it recognizes that sexual harassment amounts to
a fundamental violation of women’s rights, including their right to live
with dignity in any profession, trade, or business.
Surprisingly, the law
goes further than that — it’s enforceable everywhere in India, and it only
protects women.
If a man is a victim
of sexual harassment in the workplace, he isn’t protected by the provisions of
the POSH Act. He must depend on company policies that prohibit harassment of
any nature. Thankfully, these policies often exist, because many organizations
have enacted gender neutral POSH policies.
Defining sexual harassment under POSH
The Act defines
sexual harassment quite widely, and also includes ‘quid pro quo’ harassment,
such as promises of advancement in return for intercourse.
Sexual harassment does not have to
involve physical contact but could, for example, include sexual remarks,
sexually explicit pictures or screensavers and inappropriate advances made directly
or via social networking sites.
Redressal of complaints & the IC
The Act requires
that the IC include a senior level female employee as the chairperson or
presiding officer, and a minimum of three other members who are all,
potentially, required to conduct misconduct investigations in the event of a
complaint.
The best POSH compliance law firm in Delhi
Counsel Quest is not
just another corporate sexual harassment law firm in Delhi NCR and Gurgaon. It
is the best POSH compliance law firm in Delhi. At Counsel Quest,
we understand that workplace sexual harassment is a form of gender
discrimination which violates a woman’s fundamental right to equality and right
to life, guaranteed under Articles 14, 15 and 21 of the Constitution of India.
Workplace sexual
harassment creates an insecure and hostile working environment for women and
also impedes their ability to perform at their best at the workplace. Apart
from interfering with their performance at work, it also adversely affects
their social and economic growth and puts them through physical and emotional
suffering.
We also believe
that, in order to ensure a safe and healthy workplace environment, it is
extremely important that women workforce needs to have faith in her employer.
We believe that compliance with the workplace (Prevention, Prohibition and
Redressal) Act, 2013 and other related laws should be a part of every company’s
policy. It also means that the employers will have to comply with these laws
not only in letter but also in spirit.
Counsel Quest (CQ)
is a law firm empanelled with the Ministry of Women & Child Development
(MWCD) for Prevention of Sexual Harassment (POSH) Laws. At CQ, POSH Practice is
about providing end to end compliance management solutions to its clients.
CQ is empanelled
with the Ministry of Women and Child Development for POSH which provides an
assurance to the clients that the support provided to them is best in its
class.
Our team of senior
legal/HR professionals who act as an external member for IC ensures that all
processes, compliances, and investigations of sexual harassment cases are
carried out and documented in a well-defined manner. In case of litigation as
well, our clients are well prepared in terms of documentation and support from
our end is available at all times.
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