The world of work has moved past the idea of a physical workplace. It’s no longer just going in at 9 AM with a briefcase, interacting with other employees and then promptly leaving the office at 5 PM.
Today’s workplace isn’t always a single physical space; sometimes, it isn’t even one.
Working also means visiting other offices, talking to customers, having virtual meetings and interacting with many different stakeholders – clients, vendors, partners, visitors, interns, volunteers, customers, and so on.
So what if sexual harassment occurs in the office cafeteria with a visitor? At a virtual meeting with a vendor? Or at a client’s office with their employee?
Is it a PoSH issue only if it happens between two employees of the same organisation?
Simply put, no.
The very purpose of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) is to create a safe workplace. A safe workplace is incomplete if the only complaints between two employees are taken up and any other inappropriate workplace interaction is ignored.
Sexual harassment in the workplace can happen between two people who can have any dynamic that connects back to the workplace.
This of course means co-workers, but it also includes a client, a customer, a representative for the vendor and any other person you can come into contact with by reason of your work.
The legal definition of employee under the PoSH Act doesn’t just cover full-time employees but goes beyond that to cover contract workers, probationers, consultants, partners and even visitors.
This means that if any of these persons make you feel sexually unsafe in the workplace, you can file a complaint against them with your Internal Committee (IC).
But how would the committee handle this?
In case of a complaint against the third-party respondent, the IC at your organisation will not have jurisdiction to take action against someone who isn’t directly employed by your organisation. However, they will assist you in contacting the relevant authorities.
The IC will not just ignore or reject the complaint but rather, play the role of supporting and assisting the complainant throughout the entire process.
This can be done by:
Reaching out to the IC of the respondent’s company
The IC will assist you in reaching out to the respondent’s company. Your IC shall inform them that a complaint of sexual harassment has been received and under the PoSH Act, they are required to pursue the relevant process. They will also take active steps to follow up with the respondent’s company to ensure an investigation takes place and provide their support wherever required.
Reaching out to the Local Committee
The Local Committee is a body formed under the PoSH Act 2013 to receive and redress complaints of sexual harassment at the workplace at the district level. They take up complaints that involve employees of organisations that do not have an IC or people who work in the informal sector.
The IC will assist the complainant in identifying the relevant Local Committee and how to file a complaint with them. In addition, they will support the complainant through the process of redressal.
Filing a complaint through the SHe-Box
The SHe-Box or the Sexual Harassment e-box is an online complaint management system launched by the ministry of women and child development through which complaints of sexual harassment at the workplace can be filed and addressed.
The IC will support the complainant in using the SHe-Box portal and filing a complaint in an effective manner. The IC can also ensure their safety in the workplace, during the process.
Learn more about the SHe-Box here
Filing a Police Complaint
Sexual harassment is also a criminal offence and a first information report or FIR can be filed in a police station regarding such incidents at the workplace. The police also accept complaints that do not qualify as “sexual harassment in the workplace” under the PoSH Act.
The organisation and IC will support the complainant in understanding the legal process and even accompany the complainant when filing the initial complaint. The IC will also prioritise the complainant’s safety in the workplace.
To learn more about how to file an FIR, click here.
The role of the IC is not just to receive and redress complaints but to support people facing sexual harassment. Even when the IC does not have jurisdiction to redress a complaint, they still play an essential role in providing guidance as well as prioritising the safety of the complainant.