Latest news with #POSHAct
Time of India
a day ago
- Business
- Time of India
Manager fired for kissing a colleague? Court says it is not sexual harassment-- Tells company to rehire him
Sometimes life is stranger than fiction, and a weird incident that happened in China is a proof of this. A recent report reveals that a senior manager in eastern China— who is identified only as Lin— was fired back in 2015. The reason: he allegedly hugged and kissed his female colleague, who is known as Shi, on an office staircase. The company called it sexual harassment and cited CCTV footage as proof to terminate him. However, Lin denied the accusation and took the matter to court. While the first court sided with the company, citing misconduct, Lin appealed— and the tables turned. In a strange twist, Shi-- the woman who was involved in the case, told the court that Lin never misused his power and that they had a good relationship. Supporting his case, a higher court ruled in Lin's favour, ordering the company to rehire him and pay compensation for lost wages. Lin's salary? A whopping ₹1.34 crore a year! The court also said there was no concrete rule broken, nor any evidence of Lin using his position for personal gain. The company's strict 'moral standards' weren't official policy— making the firing legally unjustified. The company's identity remains undisclosed, and the marital status of both individuals is still unknown. Meanwhile, had a similar incident happened in India, a case of sexual harassment would have been handled quite differently as such incidents are guided by the POSH Act (2013). In India, companies are required to conduct a fair internal investigation before taking any disciplinary action. They cannot act on their own, unlike in the China case. Instead, an Internal Complaints Committee (ICC) must be involved in such matters. If the woman involved clarifies that there was no harassment or misuse of power, the ICC has the authority to close the case without taking action. However, even if not deemed harassment, such behavior might still be considered unprofessional—especially given India's conservative workplace culture. Displays of affection at work, even if harmless, can easily spark criticism or gossip. If an employee is wrongfully terminated, he has the right to take the matter to court, seeking compensation or reinstatement. But legal proceedings in India can be long and drawn out, often taking years. While trade unions may step in to support the employee, their influence is limited in the private sector. One step to a healthier you—join Times Health+ Yoga and feel the change
Mint
3 days ago
- Business
- Mint
Sexual harassment at workplace? Court says no, asks company to rehire manager who got fired for kissing female colleague
A senior manager in eastern China, identified as Lin, was fired in 2015 for allegedly hugging and kissing a female colleague, Shi, on the office stairs. His company claimed it was sexual harassment and misuse of authority. It used CCTV footage as proof to fire the senior manager. Lin denied the charges and dragged the company to court. The first court supported the company, saying Lin broke executive conduct rules. However, Lin appealed. While the case is from 2017, the summary has now been released by the Shanghai General Trade Union during a labour law awareness campaign. It has not been disclosed why it took such a long time to release the case details. The alleged victim of the case spoke in Lin's favour. Shi told the court they used to share a good relationship and Lin never misused power. A higher court ruled in Lin's favour, saying the company must rehire him and pay compensation for his lost salary. Lin's annual salary was ₹ 1.34 crore (1.13 million yuan) per year. The court accepted that the act wasn't harassment. The higher court said the company gave no proof that Lin had gained personal benefits from his position. Also, it noted that the company's call for high moral standards was not an official rule. It ruled Lin's firing was not legally justified. The company's name was not revealed during the release of the summary. The marital status of those involved remains unknown as well. If a case like Lin's happened in India, it would be handled differently. In India, such matters are guided by the POSH Act (2013), which ensures a fair internal investigation before any action is taken. The company must involve an Internal Complaints Committee (ICC). It cannot take action on its own, like in China. If the woman says the act was not harassment or misuse of power, the ICC may close the case without punishment. However, the act could still be seen as unprofessional in India's conservative work culture. Public affection, even if friendly, may attract criticism. If the man were wrongly dismissed, he could challenge the decision in court. Compensation or reinstatement is possible. However, such cases often take years in India. Trade unions may support the employee. But, their influence is weaker in the private sector.
Time of India
7 days ago
- Politics
- Time of India
Set timeline for law on safety of women in film industry: HC
Kochi: Kerala HC has asked the state govt to provide a tentative time schedule within which legislation ensuring the safety of women in the entertainment industry, including cinema, can be enacted. The special bench of Justices A K Jayasankaran Nambiar and C S Sudha further observed that if the govt furnishes the tentative timeline by the next posting date, the court may record the same and refrain from issuing interim guidelines in the matter, which might otherwise delay the legislative process. The court was considering petitions seeking further action on the Justice K Hema Committee Report concerning the working conditions of women in the film industry. On Thursday, advocate general K Gopalakrishna Kurup informed that the proposed conclave on the draft legislation for the welfare of women in the entertainment industry has been rescheduled to Aug 2 and 3. Additionally, the Kerala Women's Commission filed an additional statement seeking a direction to the Women and Child Development Department, which is the nodal agency for implementing the POSH Act, to frame interim guidelines for the monitoring committee constituted as per the directions in the judgment in the Women in Cinema Collective (WCC) case. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like เทรด CFDs ด้วยเทคโนโลยีเทรดสุดล้ำ และ รวดเร็วกว่า IC Markets สมัคร Undo The statement noted that a 27-member monitoring committee has been formed, comprising three representatives each from various stakeholder organisations, including AMMA, WCC, and Fefka. Similarly, senior counsel of WCC also urged the court to issue interim guidelines to ensure the safety of women in the cinema industry, citing delays in the legislative process. However, the division bench expressed concern that such interference might further delay the enactment of the proposed law. HC noted that it had taken 16 years to enact the Posh Act, 2013, following the interim guidelines issued by the Supreme Court in the 'Vishaka case', and observed that it did not wish to wait another 16 years for similar legislation. Accordingly, the Court directed the AG to provide a tentative timeline for the legislation and adjourned the petitions to June 9.
The Hindu
27-05-2025
- Politics
- The Hindu
Efforts on to ensure ICCs in all govt. departments
The Social Welfare Department has strengthened its efforts to ensure that all government and private companies set up an Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Following the 2024 Supreme Court ruling mandating strict implementation of the POSH Act guidelines, the department has so far briefed the School Education Department, Higher Education Department, Labour Department, and the Revenue Department to set up the committee in their institutions. 'It is necessary that awareness regarding sexual harassment at workplaces is improved. There are still many who are not aware of these norms, and hence, the safety of women at workplaces is compromised,' a senior Social Welfare official said. Stating that the department has seen an increase in reports on ICCs since 2022, the official said, 'We have received over 48,000 annual reports of ICCs present in Chennai last year compared to the 3,000 reports we received in the 2022-2023 financial year.' The department is now focusing on ensuring the establishment of ICCs in the government sector before moving to private institutions. Further, institutions that have not set up an ICC will be levied a fine of ₹50,000. on institutions that haven't set up an ICC. 'Any organisation or society with more than 10 employees should have an ICC set up, the official added.
Time of India
27-05-2025
- Business
- Time of India
Andhra Pradesh Capital Region Development Authority launches 2 initiatives to upskill women & youth
Vijayawada: Aimed at empowering women and equipping youth with employment-ready skills in the Amaravati region, the AP Capital Region Development Authority (APCRDA) has launched two initiatives wherein 368 self help group (SHG) women, who are members of the gender committees, are being sensitised on the issue of gender-based violence. The sessions focus on prevention of sexual harassment at workplace through the POSH Act and aim to build awareness on the roles and responsibilities of the Internal Complaints Committee (ICC) under the Act. These trained committee members will be instrumental in addressing and managing any gender-related grievances that may arise during capital development in the backdrop of the ongoing capital development works and the expected inflow of workers at construction sites. The initiative also highlights various livelihood opportunities available for women in the evolving economic landscape of Amaravati. Under the initiative, the SHG women are being guided on how to identify and utilise these opportunities to achieve greater financial independence and empowerment. Similarly, the APCRDA is conducting several skill development programmes under the Skill Hub initiative, which include courses in painting, data entry operations, and front office management. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Switch to UnionBank Rewards Card UnionBank Credit Card Apply Now Undo The painting course at Skill Hub Thullur commenced on April 24 with 22 participants. While data entry operator course began on May 12 with 30 participants, an additional batch of 30 participants attended classes on the course on May 20 at Mangalagiri govt college. Subsequently, a training course on front office training with 28 participants began on May 26. The CRDA said that all the training courses are scheduled to be completed between June and August. APCRDA commissioner K Kanna Babu said that the above initiatives underline the CRDA's commitment to building a safe, skilled, and inclusive Amaravati by supporting both women and youth through targeted education, awareness, and training efforts.
