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Sonali (Lawyer)     24 May 2019

POSH Skill Building Workshop

POSH Skill Building Workshop - Organised by SHLC: Sexual harassment law compliance advisory

SHLC - Sexual Harassment Law Compliance Advisory is organizing a "POSH Skill Building Workshop” on Friday, 31st May 2019 – from 10:00 am- 04:30pm. SHLC is a compliance advisory body specializing in Sexual Harassment Law and provides documentation, consultation and training services to help organizations comply with the law and to help create a safe and healthy work environment for both the employees and employers.

Chief Guest for the workshop: Smt. Promila Gupta, Member, Delhi Commission for Women

Confirmed Speakers/Facilitators for the workshop 

1) Ms. Anuradha Sharma, Former Chairperson -Local Complaints Committee, Gurguram
2) Ms. Jaya Goyal, Advocate, Internal Complaints Committee Member- Tees Hazari Court 
3) Ms. Anindita Paul, Counsellor, Expert POSH trainer 
4) Ms. Aparajita Amar, Certified Sexual Harassment and Workplace Diversity Advisor 

The Law

- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 covers all offices, organizations, companies, establishments, undertakings, enterprise and institutions. It is mandatory for all offices to comply with the requirements provided under this law.  The act makes it mandatory for all offices to put in place the preventive, prohibitive and redressal mechanism which imposes several duties on an employer to fulfill. The act has also prescribed a penalty on the employer for non-compliance.

- The Ministry of Corporate Affairs has amended the Companies (Accounts) Rules, 2014 vide a notification in July, 2018 (attached). The amendment makes it mandatory for all private companies to make disclosure of compliance under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (“POSH Act”) through their Annual Board Report.

What will the workshop cover?

- Framework: Understanding the Sexual Harassment of Women at Workplace Act, 2013

- Compliance Requirements: Obligations of POSH Act and Companies Act for Employers and HR professionals

- Obstacles in POSH Implementation: Suggestions for overcoming implementation difficulties 

- Role of ICC Members: Interim Relief’s by ICC members and case laws explaining role of ICC members

- Role of Mental Health Professional in POSH: Counselling and role of counsellors in POSH compliance 

- Compliance in the context of companies act for POSH: Training on amendments of Companies Account Rules in context of POSH 

- ICC Members, Problems, Qualifications, External Members: Case studies specially curated to explain challenges in constituting ICC, POSH Act and problems faced by employers/HR professionals.

The POSH SKILL BUILDING WORKSHOP is first of its kind integrating the multidisciplinary approach adopted by the Sexual Harassment Law Compliance it in its wide work domain which includes: 

Drafting customised anti-s*xual harassment policy; Sexual harassment law and policy awareness and sensitisation sessions; Assistance in constitution of internal complaints committee; Counselling services for the aggrieved women/men, accused and or witness; Capacity building of internal complaints committee members 

Certificate of Participation will be awarded to the Participants

Registration can be done at: https://www.townscriptt.com/e/posh-skill-building-workshop-s*xual-harassment-of-women-at-workplace-act-2013-034421

Workshop Fees: Rs 5,000/- All inclusive, including lunch, tea and course material. There is a special workshop fee for LCI members of Rs 4,500/- which can be availed using the code- LCISPECIAL

For further details please contact: Team SHLC +91-9625392040

Benefits of attending the workshop –

1) Expert Knowledge:the workshop will provide you with an intense exposure to the topic and the law through discussions led by multiple experts. By asking questions, taking detailed notes and listening to the experts and the discussions you can leave the workshop with a wide range of knowledge in the specific field.

2) Networking:Along with having access to experts the workshop will also provide you with an opportunity to meet other people who share your interests. This can in turn provide you with solutions to common problems and advice for how to handle challenges. These relationships can continue into professional connections even after the workshop is over.

3) Gaining proficiency:You will gain more expertise in your field and you will return to work being a person that others look up to for knowledge regarding issues related to the specific domain of Sexual Harassment.

Sample Case Study from the workshop

Case Study 1

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is mandatory on all offices. It is mandatory for all offices to comply with the requirements provided under this law.

Law prescribes that it is the duty of the employer to provide a safe workplace by putting in place the mechanism as provided under this act. 

- Failure to do so can lead to a fine of Rs. 50,000;

- In case of subsequent conviction, penalty can be doubled and; 

- In certain cases the license of such employer to do business may be cancelled.

It is pertinent to note that if a matter of s*xual harassment reaches court and the court holds that the employer failed to discharge his duties such as failure to constitute an Internal Complaints Committee(ICC) as per the law, the court has discretion to impose both the penalty and order other amount from employers as damages.

#Casestudy1 - The Madras High Court in one such case directed a company to pay Rs 1.68 crore as damages for s*xual harassment to an aggrieved woman. The court considered the status occupied and the position in which the complainant/woman was employed in the first respondent organisation and considered the opportunities that she lost on account of the non constitution of the committee

The court held that if the company had set up a committee to inquire into allegations of s*xual harassment, the litigation may have been avoided, But, the non constitution of the committee, has actually resulted in the damage suffered by the petitioner being unquantifiable.  



Learning

 1 Replies

Thomas V Johnson   24 May 2019

How much is a pass for ?


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