Employees with a PoSh program in the organization have a way to stand up for themselves. But at times, the scenarios being placed in the form of complaints as they go ahead in front of the executive members aren’t eligible to be considered a complaint.
Understanding what is and is not qualified for filing a complaint is preferable. This article will present several significant scenarios that will determine whether or not a situation should be reported as a complaint.
It would provide more clarification as to what constitutes sexual harassment or not, preventing you from inventing a scenario on your own.
It would also safeguard the interest in the event of forgery.
Scenarios: To Know What Is Sustainable Under the Sexual Harassment Act
- Mr Jatin frequently makes an attempt in the workplace to show pornographic content to female colleagues while watching it on his phone. Many girls became irritated and uncomfortable with this behaviour and decided to take action.
Sol: Any form of sexual harassment, whether direct or indirect, is never treated lightly and is covered by the Sexual Harassment Act. Mr Jatin would be punished, and the PoSH complaint would be well-supported.
- Aarti works at a law firm as an intern. She lives a long way away and gets dropped off at her house every night by one of his male coworkers. When she is alone in the car, the coworker begins to harass her and touches her inappropriately in an abnormal manner without her permission. Aarti is afraid of addressing this issue to a higher authority because she fears interns would not be heard.
Sol: For starters, relying on the misperception might lead Aarti to serious danger if she does not file a complaint. Second, whether an employee or an intern, the organization in the working environment is solely responsible for the individual’s safety and comfort.
In the event of dropping home, the coworker, as an employee of the company, would be claimed as the working premise. Under PoSH, a complaint to a higher authority can be well-formed.
- Sahiba works as a cafe waitress. She is a victim of sexual harassment by one of her customers, and she has decided to file a complaint under the PoSH framework.
Sol: The cafe’s patron is an outsider in this case. PoSH is only useful when the female is disturbed or harassed in the workplace by coworkers or anybody who is a part of the organization. Even if Sahiba reports it to the authorities, she won’t be able to work or register a complaint because the incident occurred outside of the employee committee.
This does not exclude her from making a complaint outside of the workplace. She can file a complaint with the women’s cell or an FIR, but she is not eligible for PoSH.
- Mr Saxena, Ms Sanya’s HR, is her boss. Ms Sanya is challenged with nasty Hindi slang if her job goes wrong. She is quite uneasy and offended, so she has decided to submit a complaint under the PoSH Act.
Sol: This isn’t a genuine complaint because this is non-sexual behavior. Although the confrontational style is wrong, it does not constitute sexual harassment.
- Manan requested that Geeta accompany her to the sale site. When Manan sees Geeta alone, he pesters her sexually and compels her to respond. Geeta was absolutely horrified and intended to file a complaint.
Sol: The scene is the working environment, and a coworker is harassing Geeta for sexual harassment. This act is strongly supported under the sexual harassment legislation because it occurred during working hours and by an employee. She can take the case to a higher level of authority.
The instances outlined above are just a few examples of unusual behavior patterns. The essential thing to remember before submitting a complaint is to assess the severity of the issue and determine whether or not it constitutes sexual harassment.
PoSH only applies to incidents that occur within the organization’s working environment and are caused by internal personnel.
Do you want Training on PoSH for you or your employees? Connect with us at firstname.lastname@example.org or call us at +91-9555115533.