Counsel Quest is not just another corporate sexual harassment law firm in Delhi NCR and Gurgaon. At Counsel Quest, we understand that workplace sexual harassment is a form of gender discrimination which violates a woman’s fundamental right to equality and right to life, guaranteed under Articles 14, 15 and 21 of the Constitution of India.
Workplace sexual harassment creates an insecure and hostile working environment for women and also impedes their ability to perform at their best at the workplace. Apart from interfering with their performance at work, it also adversely affects their social and economic growth and puts them through physical and emotional suffering.
We also believe that, in order to ensure a safe and healthy workplace environment, it is extremely important that women workforce needs to have faith in her employer. We believe that compliance with the workplace (Prevention, Prohibition and Redressal) Act, 2013 and other related laws should be a part of every company’s policy. It also means that the employers will have to comply with these laws not only in letter but also in spirit.
Counsel Quest (CQ) is a law firm empanelled with the Ministry of Women & Child Development (MWCD) for Prevention of Sexual Harassment (POSH) Laws. At CQ, POSH Practice is about providing end to end compliance management solutions to its clients.
CQ is empanelled with the Ministry of Women and Child Development for POSH which provides an assurance to the clients that the support provided to them is best in its class.
Our team of senior legal/HR professionals who act as an external member for IC ensures that all processes, compliances, and investigations of sexual harassment cases are carried out and documented in a well-defined manner. In case of litigation as well, our clients are well prepared in terms of documentation and support from our end is available at all times.
i. Offline Services:
ii. Online Service:
i. Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 Download
ii. Prevention of Sexual Harassment Rules, 2013 Download
i. Applicable to entire India including Jammu & Kashmir
ii. Every organisation irrespective of its size and whether it has female employees or not has to comply with POSH Laws
iii. Workplace are divided into two categories:
iv. Employers in organised sector need to constitute Internal Committee to facilitate aggrieved woman to register complaints
v. Employers falling under unorganised sector- Aggrieved woman to approach Local Committee constituted by the District Officer at district level for registering complaints
i. Provide a safe working environment to women at the workplace
ii. Display at any conspicuous place in the workplace, the penal consequences of sexual harassments: and the order constituting, the Internal Committee including details of the members of the Internal Committee.
iii. Organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee.
iv. Provide necessary facilities to the Internal Committee for dealing with the complaint and conducting an inquiry.
v. Assist in securing the attendance of respondent and witnesses before the Internal Committee.
vi. Make available such information to the Internal Committee as it may require having regard to the complaint.
vii. Provide assistance to woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code.
viii. Cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place.
ix. Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.
x. Monitor the timely submission of reports by the Internal Committee.
SHe-Box is an online complaint management system launched by Ministry of Women & Child Development (MWCD). Complaints lodged on the SHe-Box platform, will have their investigation and implementation of recommendations of the IC, monitored by MWCD. In case there is no IC, improper investigation or frequent complaints of sexual harassment for a specific employer, the consequences may be serious.Sh-e Box - http://shebox.nic.in/
i. High time that organisations start recognising sexual harassment as a risk that involves losing
ii. Risk against which putting a monetary value is impossible
iii. Awareness and trainings reduce the risk of sexual harassment amongst employees
iv. A robust compliance management ensures that the organisation is protected even when the case goes in appeal/litigation