Clarification of threats while performing tasks under POSH
02-Oct-2024 (In Criminal Law)
Just want to know whether threats and mental harassments done during course of performing day to day activities and development of disease is covered under POSH.
Secondly if IC decision is not in my favour then what is next course of action
Dear
Regarding your query:
1. Coverage under POSH: The POSH Act (Prevention of Sexual Harassment at Workplace Act, 2013) specifically addresses sexual harassment in the workplace. However, threats and mental harassment during day-to-day activities leading to the development of a disease may not be directly covered unless they are linked to sexual harassment or discriminatory behavior based on gender. If the threats and mental harassment are related to such discriminatory or sexually harassing behavior, then it can be addressed under POSH.
If the harassment is unrelated to sexual misconduct, you may need to consider other legal avenues, such as workplace harassment laws or seek redress under other labor laws, depending on the nature of the harassment.
2. If IC (Internal Committee) Decision is Not in Your Favor: If the decision of the IC is not in your favor, the next step is to file an appeal. The POSH Act provides for an appeal to the appropriate court or tribunal within 90 days from the date of the IC's decision.
If necessary, other legal remedies like approaching the Labour Court or filing a civil suit for mental harassment and damages might also be explored, depending on the specifics of the harassment experienced.
Feel free to share more details if further clarification is needed.
Adv. Mahinder Singh Mavi
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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