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DOES SEXUAL HARASSMENT LAWS APPLY TO INDEPENDENT CONTRACTORS?


08-Aug-2023 (In Corporate Law)
I worked with an independent contractor for almost 10 years and I had to quit my job because one day out of the blue the contractor harassed me sexually, he was abusive and aggressive. I somehow managed to escape. My question is does Sexual harassment laws apply to independent contractors?
Answers (2)

Answer #1
338 votes

Yes, PoSH Act also covers independent contractors if the number of employees is more than ten.
 
The Sexual Harassment Act 2013, applies to workers in both the organized and unorganized sectors. The unorganized sector is defined as “an enterprise owned by individuals or self-employed persons engaged in the production or sale of goods or the provision of services of any kind and if the enterprise employs workers, and the number of such workers is more then ten, PoSH act will be applicable. The law, therefore, applies to workers as well as independent contractors, i.e., platform workers.

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Answer #2
627 votes
Hi,

POSH provisions are applicable to all establishments, companies, organization's (whether public or private) employing 10 or more employees (whether permanent, temporary, ad-hoc, consultants, interns or contract workers irrespective of gender) irrespective of business or industry.

Please feel free to contact me for further assistance.
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