NON EMPLOYEE COMPLAINT - POSHADVO - POSH LAWYER IN DELHI

DO YOU HAVE A SEXUAL HARASSMENT COMPLAINT FROM NON-EMPLOYEES  ?

What happens when a Non-employee (female) complains about our employee (male) on Sexual Harassment at workplace? 

To offer an example, on a visit to a non-profit organisation as part of the company's CSR programme, one of the senior executives sexually assaulted a woman from the organisation. He kept inviting her out for drinks and forcing her to visit him in case she needed a company to provide her with more connections and to send more money to her NGO. The Leader had been harassing the women physically.

She complained of Quid-pro-Quo sexual harassment against the leader with the IC of the Multinational Company.  

In the situation at hand, the claimant is not yet bound by any binding obligation and is a CSR partner NGO, while the accused harasser is a employee. The IC picked up the matter and conducted an investigation, concluding that the employee was guilty of the misconduct. He was fired from his role at the firm.

Why did the company IC take up the Inquiry even though the aggrieved woman was not an employee? The POSH Act. under section 2 (a) point 1, defines “Aggrieved woman” as –  

In relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent. 

The key word here is “whether employed or not”. Hence the definition covers not only women employees at the workplace but also for those who enter / interact with the organization as clients, customers, students, prospective candidates for interviews, daily wage workers or in any ad hoc capacity. Hence it is not always necessary for a woman to be under a contract of employment with the workplace to complain of sexual harassment at workplace.  

However, the alleged harasser has to be an employee of the company for the IC to take up the complaint and investigate the matter . 

The aggrieved woman (who is not an employee) would be expected to attend all investigation hearings. She is entitled to all records related to her complaint, including the other party's and witnesses' claims, documentation, and evidence.

She also has the right to cross-examine all of the people involved, including the accused harasser and his witnesses. She will also receive a copy of the IC's final inquiry report, which will include full details of the investigation, as well as conclusions and recommendations.

Employers and individuals in this situation must follow Section 16 of the Act and keep information private. 

However, since the woman who has been wronged is not an employee, she will not be entitled to temporary relief. Second, if the IC should show that the report was misleading or filed with malice, the IC is unable to suggest corrective action.

Please be aware that sexual assault by your employee against an aggrieved woman who is a non-employee that occurred during the course of work falls under the authority of the Internal Committee, and any reasonable efforts should be made to investigate the matter and bring restitution to the victim.

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