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How to comply with POSH?


28-Apr-2023 (In Corporate Law)
My company has over 12 male employees. Do I still need to have a POSH Policy. Please advise.
Answers (1)

Answer #1
243 votes
Yes, sexual harassment laws are applicable to all organisation having 10 or more employees irrespective of the fact whether they are male or female employees. This is so because you may have female clients or vendors visiting your company. Hence, it is imperative to have a policy to prevent sexual harassment at workplace

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Comments by Users

Shriya
Can a respondent or any other witnesses need lawyers being present during recording of statements or company forcing an employee to hand over their phones ?

Reply by LawRato
For the purpose of making an inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court the Code of Civil Procedure, 1908. 
Especially, in a civil proceeding where the burden of proof is not as strict as that in criminal proceedings, the issue of compelling someone to surrender their phones may be subject to other laws and regulations, such as those related to privacy, data protection, or specific court orders. Additionally, the court has discretionary powers to issue directions or orders based on the circumstances of the case. However, any such orders must be in line with the principles of fairness, reasonableness, and proportionality.
During the recording of statements, a respondent has the right to be heard and present their case. They are generally allowed to have legal representation present during the proceedings. The respondent's lawyer can assist in presenting their defence, cross-examining witnesses, and ensuring their rights are protected. The witnesses too have the right to consult a lawyer, but they don't have the right to enforce their presence at the time of the recording of statements.

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