Can a Director be proceeded against by the Internal Committee under the POSH Act?
Many organizations assume that when allegations of sexual harassment are made against a Director, the matter must automatically be referred to the Local Committee.
But is every Director necessarily an ‘Employer’ under the POSH Act?
The recent Kerala High Court judgment examined the distinction between an employee and an employer and clarified who has the authority to inquire into such complaints.
Read our article to understand the court’s reasoning and the key lessons arising from this ruling.
The implementation of the POSH Act has evolved significantly over the years, with judicial precedents continuously shaping the manner in which workplace inquiries are conducted.
The recent released National Commission for Women’s Comprehensive Handbook on POSH Inquiry Procedures is a timely initiative that seeks to bridge the gap between statutory provisions and practical implementation. By consolidating legal principles, procedural guidance, and practical templates, the Handbook aims to promote greater consistency, fairness and legal compliance in POSH inquiries.
To learn more about the key highlights of the Handbook, read our latest article.
The interface between an employer’s disciplinary powers and the statutory framework under POSH has long remained an area of legal uncertainty. While employers undoubtedly posess administrative authority to maintain workplace discipline, the POSH Act creates a specialized mechanism for dealing with allegations of sexual harassment through IC.
The question that has repeatedly arises is whether an employer can create parallel mechanism to examine complaints before they reach the IC or whether the statutory process under POSH is exclusive.
