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Showing posts with the label work harassment lawyer

Employee–Manager Conflict Turning into POSH Threat: How to Respond

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Any organisation will have instances of conflict between its employees and management. In some cases, these conflicts will rise to the level of threats of filing cases for POSH. In recent years, false harassment claims in the workplace have made it a necessity for HR departments to tread very carefully, without completely negating the actual grievances. The real challenge for HR in this case is managing the conflict in a manner that is in line with the laws and organisational values.   Understanding the Root Cause of the Conflict Before taking any steps in the matter, it is important for HR departments to understand the cause of the conflict. Conflicts in the workplace, which lead to threats of filing cases for POSH, are often due to issues unrelated to harassment, such as: ●        Performance issues ●        Miscommunication issues ●        Issues of authority and responsibili...

What Happens After You File a POSH Complaint?

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Filing a complaint against your employer may feel daunting, and many are reluctant to do so due to a lack of clarity about what to expect. The more you know, the easier it will become to make this decision and move forward. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as POSH Act India , has a systematic approach to handling complaints. Acknowledgement of the Complaint The complaint is first received by the Internal Committee (IC) or Local Committee (LC) and acknowledged. Then they determine if this complaint is covered by the women's harassment law in India. Ideally, the complaint should be submitted within 3 months of the date of the incident, but there are special circumstances that can allow for delays. Possibility of Conciliation The committee can propose a conciliation agreement before the formal inquiry if the complainant requests it. ●        This is not a mandatory s...