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What are My Rights under POSH Law ?

1. Your company's responsibilities:

The POSH law has a three-step guideline for companies

(a) Prevention: Annual awareness and sensitization programs

(b) Prohibition: Organizational POSH and safety policies, public posters and notices

(c) Redressal: Every organization with 10 or more employees should setup a trained, functional Internal Committee to resolve complaints of sexual harassment.

2. Who is involved in a complaint?

(a) Complainant: If you face sexual harassment and file a complaint, then you would be the complainant in the case

(b) Respondent: The person against whom you file the complaint (person who is responding to the complaint) would be the respondent in the case

3. Complainant and respondent’s rights:

(a) Empathetic attitude from the IC

(b) Other party's statement copy along with a list of witness and evidence, if any

(c) Right to confidentiality

(d) IC member removal in case of breach of confidentiality, bias or unfair hearing

(e) Right to appeal

(f) Any additional, reasonable support from the IC

4. What is interim relief?

During the pendency of the case, in addition to the above-mentioned rights, you also have the right to request for:

(a) Paid leave or work from home for 3 months

(b) Yours or respondent's transfer to a different branch or geographical location, and

(c) Change of manager/ reporting structure if your complaint is against your direct supervisor

5. What are my Internal Committee’s responsibilities?

(a) Offer support (as and when required)

(b) Start the process post written complaint without undue delay

(c) Follow due process of law

(d) Adhere to the norms of recusal

(e) Offer support for conciliation and interim relief

(f) Fair and objective hearing

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