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

Navigating the Virtual Workplace: Addressing Digital Harassment under the POSH Act

The advent of remote work, accelerated by global events, has transformed the traditional office landscape, bringing about unprecedented challenges and opportunities. As organizations navigate the digital realm, issues related to digital harassment have gained prominence, prompting a closer examination of how the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) is applied in virtual workspaces. This article explores the trends in addressing online harassment, the challenges faced, and the evolving landscape of workplace regulations in the digital era. The Digital Workspace Landscape: The shift to remote work has redefined the workplace, allowing for flexibility and accessibility but also presenting unique challenges. Virtual interactions, often conducted through various digital platforms, have become the new norm. However, this transition has brought to light the prevalence of digital harassment, encompassing a range of behaviors fro
Read more

POSH Awareness Training: The What, Why and How

What is POSH Training? In 2013, Government of India enacted the  Sexual Harassment of Women at Workplace  (Prevention, Prohibition and Redressal) Act, 2013, also called as the POSH Act. The Act holds an organization and the employer responsible for taking measures to prevent incidents of sexual harassment at workplace. The Act also lays down several measures for organizations to be compliant to the Act.  One of them is spreading POSH awareness to all the employees in the organization about their roles and responsibilities through training program and similar initiatives. It is advisable to conduct such trainings at least twice in a year. Why POSH Training? Firstly, it is legally mandatory to conduct POSH training. The organization can attract heavy penalties like a fine of INR 50000 for first time offence and cancellation of business license for repeated offence if the law is not followed. In addition, just having a law does not help. Many a times, women question whether a particular b
Read more