Are you curious to know what is conciliation in POSH? You have come to the right place as I am going to tell you everything about conciliation in POSH in a very simple explanation. Without further discussion let’s begin to know what is conciliation in POSH?
In India, the Prevention of Sexual Harassment (POSH) Act was enacted in 2013 to prevent and redress sexual harassment in the workplace. The Act provides for a range of measures to ensure a safe and harassment-free work environment, including conciliation as a means of resolving complaints. In this blog, we will explore what conciliation in POSH is, how it works, and its significance in the context of workplace harassment.
What Is Conciliation In POSH?
Conciliation in POSH is a process by which an impartial third party helps to resolve a complaint of sexual harassment through discussion and negotiation between the parties involved. The conciliator’s role is to facilitate communication between the complainant and the respondent and help them reach a mutually agreeable solution to the complaint.
How Does Conciliation Work In POSH?
Conciliation is initiated when either the complainant or the respondent requests it. If both parties agree to conciliation, a conciliator is appointed to facilitate the process. The conciliator may be an internal or external member of the Internal Complaints Committee (ICC) or a trained external facilitator.
During the conciliation process, the conciliator meets separately with the complainant and the respondent to understand their perspectives and concerns. The conciliator then meets with both parties together to discuss the issues and explore possible solutions. The goal is to reach a resolution that is satisfactory to both parties and that addresses the concerns raised in the complaint.
If a resolution is reached through conciliation, the complainant and respondent sign a written agreement that outlines the terms of the resolution. The agreement is then presented to the ICC for approval and implementation.
Significance Of Conciliation In POSH
Conciliation is an important tool for resolving complaints of sexual harassment in the workplace. It offers a less formal and less adversarial process than other legal options, such as filing a complaint with the police or the court. Conciliation allows the parties involved to have a say in the outcome and can help to preserve relationships in the workplace.
Conciliation can also be a quicker and more cost-effective way of resolving complaints compared to other legal options. This is particularly important for small and medium-sized businesses that may not have the resources to handle lengthy legal proceedings.
Conclusion
Conciliation is a useful tool for resolving complaints of sexual harassment in the workplace. By facilitating communication and negotiation between the parties involved, conciliation can help to find a mutually agreeable solution to the complaint. It is a less formal and less adversarial process than other legal options, and can be quicker and more cost-effective. By providing a way to resolve complaints without resorting to legal action, conciliation in POSH can help to create a safer and more respectful work environment for all employees.
FAQ
What Is The Conciliatory Process?
A process in which the parties to a dispute, with the assistance of a Tribunal member, an officer of the Tribunal, or another person appointed by the Tribunal (the conciliator), identify the disputed issues, develop options, consider alternatives, and endeavor to reach an agreement.
What Are The Key Points Of The POSH Act?
Key provisions of the POSH Act 2013 include:
Employers must take steps to prevent sexual harassment and ensure that the victims are not victimized or discriminated against. Employers must provide necessary support and assistance to the complainant and make arrangements for her work in case she has to be transferred.
What Are The Steps For The POSH Act?
MANDATORY STEPS TOWARD POSH COMPLIANCE
Step 1: Draft an organizational policy on the Prevention of sexual harassment (POSH Policy). Step 2: Change the employment contract to reflect the organization’s POSH policy. Step 3: Constitute an Internal Committee (IC) to handle complaints regarding sexual harassment.
Who Is The Respondent In A POSH Case?
The term Respondent has been defined under Section 2(m) of the Sexual Harassment of Women (Prevention Prohibition and Redressal) Act 2013 as a person against whom the aggrieved woman has made a complaint. According to Rule 3 of the Act, the Respondent has a right to know about the complaint against them.
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