The Prevention of Sexual Harassment (POSH) Act 2013 in India and the sexual harassment laws in the United Arab Emirates (UAE)

The Prevention of Sexual Harassment (POSH) Act 2013 in India and the sexual harassment laws in the United Arab Emirates (UAE) serve similar purposes in addressing and preventing sexual harassment in the workplace. However, there are notable differences in their legal frameworks and application due to the distinct cultural, legal, and regulatory contexts of the two countries. Here's a comparative overview:

Prevention of Sexual Harassment (POSH) Act 2013 (India):

1. Scope and Applicability:

• The POSH Act applies specifically to workplaces in India, including both public and private sectors, covering employees, interns, and volunteers.

• It defines sexual harassment and mandates the establishment of Internal Complaints Committees (ICCs) in organizations to address complaints.

2. Offenses and Definitions:

• The Act defines sexual harassment in a comprehensive manner, encompassing various forms of unwelcome behavior, advances, or requests of a sexual nature.

• The focus is on creating a safe and harassment-free working environment for employees.

3. Authorities and Procedures:

• The Act empowers ICCs to investigate and resolve complaints of sexual harassment within organizations. It also allows for complaints to be filed with the police in certain circumstances.

4. Penalties and Punishments:

• Penalties under the POSH Act primarily focus on organizational non-compliance and can include fines or the possibility of cancellation of licenses or registrations of organizations.

• Punishments for individuals found guilty of sexual harassment vary but may include warnings, termination, or legal action.

Sexual Harassment Laws in the UAE:

1. Scope and Applicability:

• The UAE has laws and regulations that address sexual harassment in the workplace, primarily governed by labor and employment laws.

• These laws apply to both public and private sector workplaces within the UAE.

2. Offenses and Definitions:

• The UAE labor laws typically define sexual harassment as any unwelcome behavior of a sexual nature that creates a hostile work environment.

• These laws aim to ensure that employees are protected from harassment while at work.

3. Authorities and Procedures:

• Complaints related to sexual harassment in the UAE are typically addressed through the country's labor dispute resolution mechanisms.

• Employees can report incidents to their employers, and the matter can be escalated to relevant labor authorities if necessary.

4. Penalties and Punishments:

• Penalties and punishments for sexual harassment in the UAE may include fines, warnings, termination, or legal action, depending on the severity of the offense and the provisions of the specific labor laws.

Comparative Analysis:

• Both India and the UAE have legal frameworks to address sexual harassment in the workplace.

• The POSH Act in India is a dedicated law specifically addressing sexual harassment and provides a structured process for complaints and resolutions.

• In the UAE, sexual harassment laws are often integrated into broader labor and employment laws, and the process for addressing complaints may vary between organizations.

• Penalties and punishments in both countries aim to hold both organizations and individuals accountable for sexual harassment.

It's important for employers in the UAE to familiarize themselves with the specific labor laws and regulations in their respective emirates and ensure compliance with the provisions related to sexual harassment. While there may be similarities in the goals of preventing sexual harassment, the specific legal requirements and procedures can differ between countries.

Comments

Post a Comment

Popular posts from this blog

Essential Skills for Internal Committee (IC) Members: Navigating Workplace Harassment Cases

The role of Internal Committee (IC) members in addressing workplace harassment is pivotal in creating safe and inclusive environments. As custodians of the prevention, prohibition, and redressal framework laid out by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), IC members need a diverse skill set to effectively handle cases. This article delves into the key skills required by IC members to navigate the complexities of workplace harassment cases. 1. Legal Acumen: A fundamental skill for IC members is a sound understanding of the legal framework governing workplace harassment. Familiarity with the POSH Act and related regulations equips IC members to interpret and apply the law accurately during investigations, ensuring that the organization remains compliant. 2. Empathy and Sensitivity: Dealing with workplace harassment cases requires a high degree of empathy and sensitivity. IC members must be attuned to the emotional w...
Read more

National Commission of Women and POSH ACT

Image
A statutory organization called the National Commission of Women ("NCW") was established to examine and develop legal and policy recommendations pertaining to women's rights in India. Its role includes recommending corrective legal action, facilitating the resolution of grievances, and providing policy advice. In addition, the PoSH Act has given the NCW a very particular role, allowing it to file a complaint on behalf of an injured woman with her consent if she is physically unable to do so. Any woman also has the right to report sexual harassment, including at work, to the NCW. To accomplish this, go to the "Register online" menu and select the "Sexual Harassment at Workplace" category. Additionally, any woman has the right to report sexual harassment to the NCW, including at work. This can be done online by choosing the 'Sexual Harassment at Workplace' category from the list of available options under the 'Register online complaints' ...
Read more

Posh at Work

Image
POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country. POSHADVO  firmly believes, as an organization, that  sexual harassment  is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons. Posh @ Workplace Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity.  Sexual harassment  is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which incl...
Read more