Sexual Harassment at Work Place, POSH 2013

Semester – I Interdisciplinary SC 101-ID: Environment and Society

SSexual harassment at work place, POSH 2013

1. What does POSH stand for?

(A) Prevention of Sexual Harassment

(B) Prevention of Sexual Health

(C) Prohibition of Sexual Harassment

(D) Prevention of Sexual Health at Work

(A) Prevention of Sexual Harassment
Explanation: POSH stands for Prevention of Sexual Harassment at the Workplace, aimed at ensuring a safe working environment for women by prohibiting any form of sexual harassment.

2. The POSH Act, 2013 applies to which of the following workplaces?

(A) Only government offices

(B) Any organization or workplace in India with more than 10 employees

(C) Only private companies

(D) Only educational institutions

(B) Any organization or workplace in India with more than 10 employees
Explanation: The POSH Act applies to any organization, public or private, that has more than 10 employees, ensuring that sexual harassment is prevented and addressed at all levels.

3. What does the POSH Act mandate an organization to establish?

(A) A grievance redressal committee

(B) A sexual harassment committee

(C) A Sexual Harassment Prevention Policy

(D) All of the above

(D) All of the above
Explanation: The POSH Act mandates organizations to establish a sexual harassment committee, a grievance redressal mechanism, and a policy to prevent and address sexual harassment at the workplace.

4. Who is responsible for creating awareness about the POSH Act in an organization?

(A) Only the Human Resources Department

(B) The employer and the Internal Committee (IC)

(C) Only the employees

(D) The government

(B) The employer and the Internal Committee (IC)
Explanation: It is the responsibility of both the employer and the Internal Committee (IC) to create awareness about the POSH Act in the workplace and ensure a safe environment for all employees.

5. Under the POSH Act, how long does a complainant have to file a sexual harassment complaint from the date of the incident?

(A) 3 months

(B) 6 months

(C) 1 year

(D) 2 years

(A) 3 months
Explanation: The complainant has up to 3 months from the date of the incident to file a complaint under the POSH Act. In cases where the harassment is continuous, the time limit may be extended.

6. What is the role of the Internal Committee (IC) under the POSH Act?

(A) To provide counseling to the perpetrator

(B) To investigate complaints of sexual harassment

(C) To impose penalties on the harasser

(D) To keep the matter confidential and prevent any legal proceedings

(B) To investigate complaints of sexual harassment
Explanation: The Internal Committee (IC) is responsible for conducting a thorough investigation of complaints related to sexual harassment and ensuring that appropriate actions are taken to resolve the issue.

7. Who can be a member of the Internal Committee (IC) set up under the POSH Act?

(A) Only male employees

(B) At least one external member from an NGO or women’s organization

(C) Only senior management

(D) A member from the local police

(B) At least one external member from an NGO or women’s organization
Explanation: The POSH Act mandates that the Internal Committee must include at least one external member from an NGO or a women’s organization to ensure unbiased and fair handling of sexual harassment complaints.

8. What actions can the Internal Committee take if the complaint of sexual harassment is upheld?

(A) A warning letter to the harasser

(B) Suspension or termination of the perpetrator from the organization

(C) Offering compensation to the complainant

(D) All of the above

(D) All of the above
Explanation: If the complaint is upheld, the Internal Committee can recommend actions such as warning the harasser, suspension, termination, or offering compensation to the complainant, depending on the severity of the incident.

9. Which of the following is NOT considered "sexual harassment" under the POSH Act?

(A) Physical advances or inappropriate touching

(B) Verbal abuse or sexual comments

(C) Making jokes about someone’s gender or body

(D) Asking for a promotion

(D) Asking for a promotion
Explanation: Asking for a promotion is not considered sexual harassment under the POSH Act. Sexual harassment involves unwanted sexual advances, verbal abuse, physical gestures, or any behavior that creates a hostile environment.

10. What is the penalty for an employer who fails to comply with the POSH Act?

(A) A fine of up to ₹10,000

(B) Suspension of the Internal Committee

(C) Imprisonment for the employer

(D) A fine and cancellation of business license

(A) A fine of up to ₹10,000
Explanation: Employers who fail to comply with the provisions of the POSH Act, such as setting up the required Internal Committee or failing to address complaints, may be fined up to ₹10,000 as per the regulations.

11. Which of the following is true regarding the "sexual harassment" definition under POSH Act?

(A) It includes unwelcome physical contact, advances, or sexually explicit jokes

(B) It only includes physical harassment, not verbal or emotional harassment

(C) It only applies to women as the complainants

(D) It excludes harassment by clients or customers

(A) It includes unwelcome physical contact, advances, or sexually explicit jokes
Explanation: The POSH Act defines sexual harassment broadly to include unwelcome physical contact, advances, sexually explicit jokes, comments, and other behaviors that create a hostile work environment.

12. According to POSH 2013, which of the following is an employer’s responsibility?

(A) To provide training on sexual harassment prevention

(B) To encourage harassment in the workplace

(C) To ignore complaints if the employee does not have evidence

(D) To ensure that the complainant is isolated from the workplace

(A) To provide training on sexual harassment prevention
Explanation: Under POSH 2013, it is the employer’s responsibility to provide training programs to educate employees about the prevention of sexual harassment and the procedures to follow in case of complaints.

13. Who should the complaint of sexual harassment be made to under POSH 2013?

(A) The police

(B) The Internal Committee (IC) set up at the workplace

(C) The Human Resources Department only

(D) The Women's Rights Association

(B) The Internal Committee (IC) set up at the workplace
Explanation: The complaint must be made to the Internal Committee (IC) set up at the workplace to ensure that it is handled according to the guidelines of the POSH Act. The IC is responsible for addressing and investigating such complaints.

14. What is the maximum time frame for the Internal Committee (IC) to complete its investigation of a sexual harassment complaint under POSH 2013?

(A) 6 months

(B) 3 months

(C) 1 year

(D) 2 years

(B) 3 months
Explanation: The POSH Act mandates that the Internal Committee (IC) must complete its investigation of a sexual harassment complaint within 3 months of receiving the complaint.

15. If a sexual harassment complaint is found to be false or malicious, what can the employer do under POSH 2013?

(A) Terminate the complainant from the job

(B) File a case against the complainant

(C) Warn the complainant and take corrective action

(D) Nothing, as the complainant has the right to file a case

(A) Terminate the complainant from the job
Explanation: If a complaint is found to be false or malicious, the POSH Act provides that the complainant may face disciplinary action, including termination from the job, depending on the severity of the situation.

16. Under POSH 2013, who can file a complaint of sexual harassment?

(A) Only women

(B) Only men

(C) Any employee or third-party working with the organization

(D) Only people directly affected by the harassment

(C) Any employee or third-party working with the organization
Explanation: POSH 2013 allows any employee or third-party working with the organization to file a complaint of sexual harassment, ensuring protection for both men and women.

17. What type of harassment is NOT covered by the POSH Act?

(A) Verbal harassment, such as making sexually explicit remarks

(B) Physical harassment, such as unwanted touching or sexual advances

(C) Harassment based on race or disability

(D) All of the above are covered by the POSH Act

(C) Harassment based on race or disability
Explanation: The POSH Act specifically deals with sexual harassment at the workplace. Harassment based on race or disability is covered under other anti-discrimination laws, not under POSH.

18. What is the responsibility of the employer under POSH 2013 concerning confidentiality?

(A) To maintain confidentiality regarding the complaint and the investigation

(B) To publicly announce the findings of the investigation

(C) To disclose the identity of the complainant

(D) To inform all employees about the complaint and its investigation

(A) To maintain confidentiality regarding the complaint and the investigation
Explanation: The POSH Act mandates that all parties involved in the complaint process must maintain confidentiality, ensuring that the complainant's identity and details of the case are not disclosed unless necessary.

19. How are the Internal Committee (IC) members appointed in an organization under POSH 2013?

(A) By the Human Resources Department only

(B) By the organization’s management

(C) By a democratic vote by employees

(D) By the government

(B) By the organization’s management
Explanation: The Internal Committee (IC) members are appointed by the organization’s management, and the committee must include at least one external member from an NGO or women’s organization to ensure fairness and impartiality.

20. What must an organization do under POSH 2013 to create a safe workplace for women?

(A) Provide sexual harassment training to all employees

(B) Ensure there is an Internal Committee (IC) for handling complaints

(C) Display a policy against sexual harassment

(D) All of the above

(D) All of the above
Explanation: To create a safe and compliant workplace, organizations must provide training on sexual harassment, establish an Internal Committee (IC) to address complaints, and display policies against sexual harassment.

21. According to the POSH Act 2013, which of the following is considered a "sexual harassment" at the workplace?

(A) Persistent flirting

(B) Unwelcome sexual advances or touching

(C) Sexually explicit jokes or comments

(D) All of the above

(D) All of the above
Explanation: Under POSH 2013, sexual harassment includes unwelcome sexual advances, physical contact, sexually explicit jokes or comments, and other actions that create a hostile work environment.

22. How many members must the Internal Committee (IC) consist of according to the POSH Act 2013?

(A) 3 members, with a majority of women

(B) 5 members, with at least 2 external members

(C) 7 members, all appointed by the employer

(D) 3 members, with at least one male

(A) 3 members, with a majority of women
Explanation: The Internal Committee (IC) must have 3 members, with a majority being women. One member must be from an external NGO or women’s organization to ensure impartiality.

23. How soon must an employer take action after a complaint of sexual harassment has been filed under POSH 2013?

(A) Within 7 days

(B) Within 30 days

(C) Within 3 months

(D) Within 1 year

(B) Within 30 days
Explanation: According to POSH 2013, the employer is required to take immediate action upon receiving a complaint of sexual harassment and ensure that the investigation is completed within 30 days.

24. What is the consequence for an employee who files a false sexual harassment complaint under POSH 2013?

(A) No consequences

(B) They can be penalized or dismissed from employment

(C) They receive a warning

(D) They are given counseling

(B) They can be penalized or dismissed from employment
Explanation: If the complaint is found to be false or malicious, the complainant may face disciplinary action, including a fine or termination of employment, depending on the severity of the situation.

25. Which of the following actions is required to be done by the employer under POSH 2013 to create a harassment-free workplace?

(A) Ensure that sexual harassment complaints are ignored

(B) Conduct periodic awareness programs for employees

(C) Limit women’s rights to speak up about harassment

(D) Promote men-only working environments

(B) Conduct periodic awareness programs for employees
Explanation: Employers are required to create awareness among employees about sexual harassment, its prevention, and the procedure for filing complaints through regular training and programs.

26. What is the minimum penalty for an employer who fails to comply with the POSH Act 2013?

(A) A fine of ₹50,000

(B) A fine of ₹5,000

(C) Imprisonment

(D) A fine and suspension of the employer’s business

(A) A fine of ₹50,000
Explanation: Employers who fail to comply with the POSH Act, such as not setting up an Internal Committee (IC) or not addressing complaints, may be fined ₹50,000. This penalty may increase with repeated offenses.

27. Under POSH 2013, what is the role of the "external member" in the Internal Committee (IC)?

(A) To act as a legal advisor

(B) To ensure that the committee remains impartial and unbiased

(C) To conduct investigations on behalf of the IC

(D) To mediate between the complainant and the accused

(B) To ensure that the committee remains impartial and unbiased
Explanation: The external member, usually from an NGO or a women’s organization, ensures that the IC’s proceedings remain fair and unbiased, promoting transparency and impartiality in handling the complaint.

28. What is the role of the employer when a sexual harassment complaint is filed under POSH 2013?

(A) To ignore the complaint and allow the Internal Committee to handle it

(B) To ensure a fair and prompt investigation, and prevent retaliation

(C) To immediately fire the accused without investigation

(D) To transfer the complainant to a different department

(B) To ensure a fair and prompt investigation, and prevent retaliation
Explanation: The employer must ensure that complaints are addressed fairly and promptly. The employer must also ensure that there is no retaliation against the complainant during or after the investigation process.

29. Which of the following actions is considered "sexual harassment" under POSH 2013?

(A) Asking a colleague to go out for a coffee

(B) Making sexually inappropriate comments or jokes

(C) Casual flirting with a colleague

(D) Discussing a non-sexual matter with a colleague

(B) Making sexually inappropriate comments or jokes
Explanation: Under POSH 2013, making sexually inappropriate comments or jokes creates a hostile work environment and is considered sexual harassment. Casual flirting or non-sexual conversations do not fall under sexual harassment.

30. How long does an employer have to set up an Internal Committee (IC) after the POSH Act comes into effect in their workplace?

(A) Within 6 months

(B) Within 3 months

(C) Immediately

(D) Within 1 year

(B) Within 3 months
Explanation: The POSH Act requires employers to establish an Internal Committee (IC) within 3 months of the Act coming into effect in their workplace to address any complaints of sexual harassment.

31. What must an employer do if a sexual harassment complaint is found to be substantiated under POSH 2013?

(A) Provide counseling to the complainant and the accused

(B) Terminate the harasser and provide compensation to the complainant

(C) Ignore the complaint if it is found to be true

(D) Both A and B

(D) Both A and B
Explanation: Under POSH 2013, if a complaint is substantiated, the employer must take corrective actions, including termination of the harasser, compensation to the complainant, and providing counseling or rehabilitation where necessary.

32. What is the primary purpose of the Internal Committee (IC) under POSH 2013?

(A) To mediate between the complainant and the accused

(B) To investigate complaints and ensure resolution according to the law

(C) To provide legal representation for the complainant

(D) To create awareness about sexual harassment in the workplace

(B) To investigate complaints and ensure resolution according to the law
Explanation: The Internal Committee (IC) is responsible for investigating complaints of sexual harassment, ensuring that the matter is resolved according to the provisions of POSH 2013, and recommending actions such as disciplinary measures or compensation.

33. How soon should an Internal Committee (IC) initiate the inquiry after receiving a sexual harassment complaint under POSH 2013?

(A) Within 7 days

(B) Within 10 days

(C) Within 30 days

(D) Immediately

(C) Within 30 days
Explanation: Under POSH 2013, the Internal Committee must initiate the inquiry into the complaint within 30 days of receiving it and complete the investigation within 90 days.

34. Under the POSH Act, who can file a complaint of sexual harassment?

(A) Only women

(B) Any employee of the organization, including men and third-party workers

(C) Only the complainant herself

(D) Only the Internal Committee members

(B) Any employee of the organization, including men and third-party workers
Explanation: Under POSH 2013, complaints can be filed by any employee (including male employees and third-party workers) who experiences sexual harassment or witnesses it.

35. Which of the following is NOT a part of the employer's responsibility under POSH 2013?

(A) Establishing an Internal Committee (IC) for handling complaints

(B) Providing training and awareness programs for employees

(C) Allowing harassment in the workplace

(D) Ensuring a safe working environment for all employees

(C) Allowing harassment in the workplace
Explanation: Employers are responsible for ensuring a safe and harassment-free workplace. Allowing harassment contradicts the core objectives of the POSH Act, which seeks to prevent sexual harassment in the workplace.

36. What can be the penalty for an employer who fails to comply with the provisions of the POSH Act?

(A) A fine of ₹50,000

(B) Suspension of the Internal Committee

(C) Imprisonment of the employer

(D) A fine of ₹10,000

(A) A fine of ₹50,000
Explanation: An employer who fails to comply with POSH Act provisions may be penalized with a fine of up to ₹50,000. In case of repeated offenses, the fine can increase.

37. What is the role of the external member in the Internal Committee (IC) under POSH 2013?

(A) To provide legal advice

(B) To ensure impartiality and fairness in the proceedings

(C) To represent the employer

(D) To handle disciplinary actions

(B) To ensure impartiality and fairness in the proceedings
Explanation: The external member is part of the Internal Committee to ensure that the proceedings remain impartial and free from organizational biases, ensuring fairness in handling sexual harassment complaints.

38. Who should be notified in case a sexual harassment complaint is filed under POSH 2013?

(A) The police

(B) The Internal Committee and the employer

(C) The National Commission for Women

(D) Local authorities

(B) The Internal Committee and the employer
Explanation: Under POSH 2013, the complaint must be reported to the Internal Committee (IC), and the employer must be notified to ensure that an appropriate investigation and action are taken.

39. In case the Internal Committee (IC) finds the complaint of sexual harassment to be substantiated, what are the possible actions?

(A) Termination of the accused employee

(B) Suspension or a written apology from the accused

(C) Compensation for the complainant

(D) All of the above

(D) All of the above
Explanation: If a complaint is substantiated, the IC may recommend actions such as termination or suspension of the accused, compensation for the complainant, and other corrective measures to prevent further harassment.

40. Under POSH 2013, the Internal Committee (IC) must complete the inquiry into a sexual harassment complaint within how many days?

(A) 60 days

(B) 90 days

(C) 120 days

(D) 180 days

(B) 90 days
Explanation: The POSH Act mandates that the Internal Committee (IC) complete the inquiry into the sexual harassment complaint within 90 days from the date of filing the complaint.

41. Under POSH 2013, what should an employer do if a sexual harassment complaint is made against an external party (e.g., a customer)?

(A) Ignore the complaint as the external party is not an employee

(B) Report the incident to the police immediately

(C) Take action to address the situation and protect the employee from further harassment

(D) Remove the employee from their role to avoid further complications

(C) Take action to address the situation and protect the employee from further harassment
Explanation: The employer is required to take steps to address the harassment, even if it involves an external party, and ensure that the employee is protected from further harassment at the workplace.

42. Which of the following does the POSH Act 2013 require in terms of record-keeping for sexual harassment complaints?

(A) The employer must maintain a public record of complaints and actions

(B) The employer must keep a detailed confidential record of all complaints and actions taken

(C) All complaints should be publicly disclosed after resolution

(D) Complaints should be filed in the employees' individual records

(B) The employer must keep a detailed confidential record of all complaints and actions taken
Explanation: Employers are required to keep confidential records of complaints and the actions taken to resolve them, in compliance with POSH 2013, ensuring that the privacy of the complainant is maintained.

43. What is the minimum requirement for the Internal Committee (IC) composition under POSH 2013?

(A) At least three members, with a majority of women

(B) At least five members, with one legal expert

(C) Three members, with no external members

(D) At least two women from senior management

(A) At least three members, with a majority of women
Explanation: The POSH Act requires that the Internal Committee consist of at least three members, with a majority of women. Additionally, one external member from an NGO or women’s organization should also be part of the IC.

44. What action should an employer take if an employee is found guilty of sexual harassment under POSH 2013?

(A) Immediate dismissal from the workplace

(B) Suspension or a written apology

(C) A fine imposed on the accused

(D) Counseling for both the complainant and the accused

(B) Suspension or a written apology
Explanation: If the complaint is substantiated, the employer can take actions such as suspension, issuing a written apology, or other disciplinary measures. In severe cases, termination may be considered.

45. How long is the period within which the Internal Committee must submit its report after completing the inquiry into a sexual harassment complaint under POSH 2013?

(A) 30 days

(B) 45 days

(C) 60 days

(D) 90 days

(D) 90 days
Explanation: The Internal Committee (IC) is required to submit a report of the inquiry and the findings within 90 days from the date of the complaint.

46. Which of the following statements about POSH 2013 is correct?

(A) The Act only applies to women who are employees

(B) The Act applies to both men and women, but mostly protects women

(C) The Act only protects female employees in government offices

(D) The Act applies only to organizations with more than 100 employees

(B) The Act applies to both men and women, but mostly protects women
Explanation: The POSH Act applies to both men and women, but it predominantly focuses on protecting women from sexual harassment in the workplace and providing a safe environment for them.

47. What is the penalty for a person found guilty of sexually harassing an employee under POSH 2013?

(A) A fine of up to ₹50,000

(B) Imprisonment for up to 6 months

(C) A fine and suspension

(D) A fine of up to ₹10,000

(A) A fine of up to ₹50,000
Explanation: If the person is found guilty of sexual harassment, they can be fined up to ₹50,000, with repeated offenses resulting in higher fines or more severe actions.

48. Under the POSH Act, what must an employer do if the Internal Committee (IC) is unable to resolve a complaint?

(A) Transfer the complainant to a different department

(B) Report the issue to external authorities or the police

(C) Ignore the complaint

(D) Provide financial compensation to the complainant

(B) Report the issue to external authorities or the police
Explanation: If the Internal Committee cannot resolve the complaint internally, the issue may be escalated to external authorities, including the police, for further investigation or legal action.

49. Which of the following is an example of "sexual harassment" in the workplace under the POSH Act?

(A) Unwanted physical contact or advances

(B) Sexually suggestive comments or jokes

(C) Displaying sexually explicit content

(D) All of the above

(D) All of the above
Explanation: The POSH Act covers all forms of sexual harassment, including unwanted physical contact, sexually suggestive comments, jokes, and the display of sexually explicit materials that create a hostile work environment.

50. What happens if the employer fails to comply with the POSH Act’s requirements to set up an Internal Committee (IC)?

(A) The employer will be penalized with a fine

(B) The employer will be required to dismiss all staff members

(C) The employer must close the organization

(D) There are no penalties for non-compliance

(A) The employer will be penalized with a fine
Explanation: Employers who fail to comply with the POSH Act by not setting up an Internal Committee or taking the necessary actions to prevent sexual harassment can face fines up to ₹50,000 for non-compliance.

51. Under POSH 2013, who is responsible for creating awareness about the prevention of sexual harassment in the workplace?

(A) Only the Internal Committee (IC)

(B) The employer and the Internal Committee (IC)

(C) The police

(D) The complainant

(B) The employer and the Internal Committee (IC)
Explanation: It is the responsibility of both the employer and the Internal Committee (IC) to create awareness about sexual harassment prevention through regular training, workshops, and educational campaigns for all employees.

52. What should an employee do if they feel sexually harassed at the workplace according to POSH 2013?

(A) Ignore the situation and continue working

(B) Report the harassment to the Internal Committee or appropriate authority

(C) Directly confront the harasser without reporting

(D) Leave the job immediately

(B) Report the harassment to the Internal Committee or appropriate authority
Explanation: Employees should report the incident to the Internal Committee (IC) or the appropriate authority in the organization as per POSH 2013, ensuring that the complaint is handled as per legal requirements.

53. What action is NOT allowed under POSH 2013 when a sexual harassment complaint is under investigation?

(A) Retaliation or victimization of the complainant

(B) Keeping the details of the investigation confidential

(C) Offering counseling or support to the complainant

(D) Ensuring that the accused continues working without penalty

(A) Retaliation or victimization of the complainant
Explanation: Retaliation or victimization of the complainant during or after the investigation is prohibited under POSH 2013. Employers must ensure that the complainant is not subjected to any retaliation for reporting the harassment.

54. Which of the following is NOT considered an example of "sexual harassment" under POSH 2013?

(A) Inappropriate comments or gestures of a sexual nature

(B) Unsolicited sexual advances or requests for sexual favors

(C) Offering promotions in exchange for sexual favors

(D) Offering career advancement based on merit

(D) Offering career advancement based on merit
Explanation: Offering career advancement based on merit is not considered sexual harassment. Sexual harassment involves unwelcome sexual advances, comments, or behavior that create a hostile or intimidating work environment.

55. What is the penalty for an employer who fails to comply with the POSH Act 2013?

(A) Imprisonment for up to 1 year

(B) A fine of ₹50,000

(C) Immediate suspension of the accused

(D) Only a warning

(B) A fine of ₹50,000
Explanation: Employers who fail to comply with POSH 2013 provisions, such as setting up an Internal Committee (IC) or addressing complaints, may face a fine of ₹50,000. In case of repeated violations, the penalty may increase.

56. What should be done if a person makes a false complaint under POSH 2013?

(A) The complainant should be immediately dismissed

(B) No action should be taken

(C) The complainant may be penalized or face disciplinary action

(D) The accused should be punished instead

(C) The complainant may be penalized or face disciplinary action
Explanation: If a complaint is found to be false or malicious, the complainant may face disciplinary action as per the guidelines in the POSH Act. However, it’s essential that the process remains fair and transparent.

57. Under POSH 2013, the Internal Committee (IC) must include how many members?

(A) 5 members

(B) 3 members, with at least one woman

(C) 7 members

(D) 3 members, with a majority of women

(D) 3 members, with a majority of women
Explanation: The POSH Act requires the Internal Committee to have at least three members, with a majority of women, ensuring gender sensitivity in the process of addressing complaints of sexual harassment.

58. How does the POSH Act 2013 define the "workplace"?

(A) Only office buildings

(B) Any place where employees perform their duties, including office, public places, or at work-related events

(C) Only government offices

(D) Only the headquarters of an organization

(B) Any place where employees perform their duties, including office, public places, or at work-related events
Explanation: The POSH Act defines "workplace" broadly, encompassing all locations where employees perform their duties, including offices, public spaces, transport, and any work-related events such as conferences or meetings.

59. Which of the following is the responsibility of the Internal Committee (IC) under POSH 2013?

(A) To investigate complaints of sexual harassment

(B) To recommend actions based on the findings of the inquiry

(C) To keep all complaints confidential

(D) All of the above

(D) All of the above
Explanation: The Internal Committee (IC) is responsible for investigating sexual harassment complaints, maintaining confidentiality, and recommending appropriate actions based on the findings of the inquiry, ensuring that the process is fair and unbiased.

60. In the event of sexual harassment by a third party (e.g., a client or vendor), what must an employer do under POSH 2013?

(A) The employer is not required to take any action

(B) The employer must take steps to ensure the complainant is protected from further harassment by the third party

(C) The employer must remove the complainant from the job

(D) The employer must immediately terminate the third party

(B) The employer must take steps to ensure the complainant is protected from further harassment by the third party
Explanation: The employer must take proactive measures to protect the complainant from further harassment, even if the harasser is a third party, by addressing the situation and ensuring a safe work environment for the employee.

61. What is the primary objective of the Internal Committee (IC) under POSH 2013?

(A) To ensure the complainant is transferred to a different department

(B) To investigate the sexual harassment complaint and recommend appropriate action

(C) To mediate between the complainant and the accused without any investigation

(D) To provide legal advice to the employer

(B) To investigate the sexual harassment complaint and recommend appropriate action
Explanation: The Internal Committee (IC) is responsible for investigating sexual harassment complaints and recommending actions such as disciplinary measures, compensation, and corrective actions for the accused.

62. Which of the following is NOT a responsibility of the employer under POSH 2013?

(A) To ensure the establishment of an Internal Committee (IC)

(B) To create awareness on sexual harassment prevention

(C) To directly handle all complaints of sexual harassment

(D) To ensure that employees are not subjected to retaliation for filing complaints

(C) To directly handle all complaints of sexual harassment
Explanation: While employers are required to ensure the establishment of an Internal Committee (IC), create awareness, and prevent retaliation, they are not responsible for directly handling all complaints. The IC handles complaints according to POSH 2013.

63. What is the maximum fine that can be imposed on an employer for failing to comply with POSH 2013?

(A) ₹50,000

(B) ₹1,00,000

(C) ₹10,000

(D) ₹5,00,000

(A) ₹50,000
Explanation: If an employer fails to comply with the provisions of POSH 2013, such as setting up an Internal Committee or addressing complaints, a fine of ₹50,000 may be imposed. The fine may increase for repeated offenses.

64. What is the role of the external member in the Internal Committee (IC) under POSH 2013?

(A) To ensure legal compliance and impartiality in handling complaints

(B) To advise the employer on company policies

(C) To represent the accused

(D) To mediate between the complainant and the accused

(A) To ensure legal compliance and impartiality in handling complaints
Explanation: The external member of the IC ensures that the inquiry process remains fair, transparent, and impartial, providing an independent perspective to maintain objectivity in addressing complaints of sexual harassment.

65. Under POSH 2013, who can file a complaint of sexual harassment?

(A) Only women employees

(B) Only employees of the same organization

(C) Any employee or third-party working in the workplace

(D) Only those directly affected by harassment

(C) Any employee or third-party working in the workplace
Explanation: The POSH Act allows any employee or third-party, such as contractors or visitors, to file a complaint of sexual harassment if they experience harassment or are witnesses to such behavior at the workplace.

66. What happens if an accused person is found guilty of sexual harassment under POSH 2013?

(A) They will be immediately dismissed from the workplace

(B) They may face disciplinary action, including suspension or termination

(C) They are only given a written warning

(D) They will not face any consequences if they deny the accusation

(B) They may face disciplinary action, including suspension or termination
Explanation: If the accused is found guilty, the employer may impose disciplinary actions such as suspension or termination, depending on the severity of the incident, in line with the POSH Act’s provisions.

67. What is the time frame for filing a sexual harassment complaint under POSH 2013?

(A) 1 month from the incident

(B) 6 months from the incident

(C) 3 months from the incident

(D) 1 year from the incident

(C) 3 months from the incident
Explanation: Under POSH 2013, complaints of sexual harassment must be filed within 3 months from the date of the incident. In case of ongoing harassment, this time limit may be extended.

68. What is the role of the "employer" under POSH 2013 regarding confidentiality?

(A) To make all details of the complaint public

(B) To ensure that the identity of the complainant and the accused is kept confidential during the investigation

(C) To share the details of the investigation with all employees

(D) To allow open access to the investigation records

(B) To ensure that the identity of the complainant and the accused is kept confidential during the investigation
Explanation: The employer must ensure that all details of the complaint, including the identities of the complainant and the accused, are kept confidential to protect the privacy and integrity of the investigation process.

69. What does POSH 2013 require employers to do to ensure a harassment-free workplace?

(A) Conduct workshops to create awareness about sexual harassment

(B) Ignore complaints that are not backed by evidence

(C) Hire only women employees to prevent harassment

(D) Ensure that sexual harassment complaints are not reported

(A) Conduct workshops to create awareness about sexual harassment
Explanation: The POSH Act requires employers to create awareness by conducting workshops, training programs, and campaigns on sexual harassment prevention, ensuring a safe and respectful working environment for all employees.

70. What action should be taken if a sexual harassment complaint is found to be false or malicious under POSH 2013?

(A) No action should be taken against the complainant

(B) The complainant should be penalized or face disciplinary action

(C) The harasser should be compensated

(D) The case should be immediately closed

(B) The complainant should be penalized or face disciplinary action
Explanation: If the complaint is found to be false or malicious, the complainant may face disciplinary action, including a fine or termination from the organization, as per the POSH Act’s provisions.

71. What should be the composition of the Internal Committee (IC) under POSH 2013?

(A) Only women employees

(B) A minimum of 3 members, including a majority of women

(C) Only the senior management

(D) At least 5 members, with no external member

(B) A minimum of 3 members, including a majority of women
Explanation: The POSH Act mandates that the Internal Committee (IC) should have at least 3 members, with a majority of women, and one external member from an NGO or women's organization to ensure fairness and impartiality in addressing complaints.

72. What is the penalty for an employer who does not comply with the provisions of the POSH Act, such as failing to set up an Internal Committee?

(A) A fine of ₹1,00,000

(B) A fine of ₹50,000

(C) A fine of ₹10,000

(D) Imprisonment

(B) A fine of ₹50,000
Explanation: If an employer fails to set up the Internal Committee (IC) or does not comply with the provisions of the POSH Act, a fine of ₹50,000 can be imposed. The penalty may increase for repeated offenses.

73. Under POSH 2013, what should the employer do after receiving a report of sexual harassment?

(A) Immediately terminate the accused

(B) Form a panel to judge the merits of the case

(C) Ensure the complaint is handled confidentially and begin an inquiry

(D) Ignore the complaint if no evidence is provided

(C) Ensure the complaint is handled confidentially and begin an inquiry
Explanation: Upon receiving a report, the employer must handle the complaint confidentially, ensure that the complainant is protected from retaliation, and initiate an inquiry by the Internal Committee (IC) as per the POSH Act.

74. Who is responsible for conducting the inquiry in cases of sexual harassment under POSH 2013?

(A) The police

(B) The Human Resources Department

(C) The Internal Committee (IC)

(D) The local government authorities

(C) The Internal Committee (IC)
Explanation: The Internal Committee (IC) is responsible for conducting an inquiry into sexual harassment complaints in the workplace. The IC must complete the investigation and make recommendations based on the findings.

75. What does POSH 2013 say about the confidentiality of the investigation process?

(A) It should be fully transparent, and all employees should be informed

(B) All details of the complaint and investigation must be kept confidential, including the identity of the complainant and accused

(C) It can be disclosed to the public after the inquiry

(D) The complainant must provide evidence to the public

(B) All details of the complaint and investigation must be kept confidential, including the identity of the complainant and accused
Explanation: POSH 2013 ensures confidentiality throughout the investigation process to protect the privacy and rights of both the complainant and the accused. Disclosure is restricted to necessary parties only.

76. What happens if the Internal Committee (IC) fails to resolve a sexual harassment complaint within the prescribed time limit under POSH 2013?

(A) The complainant can appeal to a higher authority

(B) The accused is automatically exonerated

(C) The case is automatically dismissed

(D) The employer is required to pay compensation

(A) The complainant can appeal to a higher authority
Explanation: If the IC fails to resolve the complaint within the specified 90 days, the complainant has the right to appeal to a higher authority or a legal forum, such as the court.

77. Who are the primary stakeholders involved in the POSH 2013 process?

(A) The complainant and the accused

(B) The Internal Committee (IC), employer, complainant, and accused

(C) Only the employer

(D) Only the complainant and the Internal Committee

(B) The Internal Committee (IC), employer, complainant, and accused
Explanation: The primary stakeholders involved in the process are the Internal Committee (IC), the employer, the complainant, and the accused, who are all involved in addressing, investigating, and resolving the sexual harassment complaint.

78. How does the POSH 2013 Act protect employees from retaliation after filing a complaint?

(A) It allows retaliation by the employer if the complaint is found to be false

(B) It prohibits retaliation against the complainant or witnesses and ensures that they are not subjected to any adverse treatment

(C) It encourages the employer to dismiss the complainant

(D) It ignores retaliation if the harasser is a senior employee

(B) It prohibits retaliation against the complainant or witnesses and ensures that they are not subjected to any adverse treatment
Explanation: The POSH Act provides protection against retaliation, ensuring that the complainant and any witnesses are not subjected to any adverse consequences or discrimination after filing a complaint.

79. Under POSH 2013, what should an employer do if the accused person is found guilty of sexual harassment?

(A) Ignore the issue if the accused is an important employee

(B) Suspend the accused for a period of time without pay

(C) Take appropriate action, which may include termination or suspension, based on the severity of the incident

(D) Give the accused a warning and move on

(C) Take appropriate action, which may include termination or suspension, based on the severity of the incident
Explanation: If the accused is found guilty, the employer must take corrective actions, which may include suspension, termination, or other actions based on the severity of the incident to ensure a safe and respectful workplace.

80. What is the key purpose of the POSH 2013 Act?

(A) To ensure that sexual harassment is tolerated in workplaces

(B) To provide a legal framework to address sexual harassment complaints and ensure a safe working environment for women

(C) To penalize women who file false complaints

(D) To make sexual harassment complaints mandatory in all workplaces

(B) To provide a legal framework to address sexual harassment complaints and ensure a safe working environment for women
Explanation: The primary goal of POSH 2013 is to provide a legal framework that ensures a safe, secure, and respectful working environment for women, by addressing and preventing sexual harassment at the workplace.

81. According to the POSH Act, what should an employee do if they experience sexual harassment?

(A) Immediately report the incident to the police

(B) Report the incident to the Internal Committee or the employer

(C) Ignore the harassment and continue working

(D) Confront the harasser directly and resolve the issue

(B) Report the incident to the Internal Committee or the employer
Explanation: Employees should report the sexual harassment incident to the Internal Committee or the employer, as per the POSH Act, so that the matter can be properly investigated and resolved.

82. What is the role of the employer in ensuring the implementation of POSH 2013?

(A) The employer must ensure the setup of an Internal Committee (IC) and provide training on sexual harassment

(B) The employer must investigate complaints directly

(C) The employer must ensure there are no complaints of sexual harassment in the organization

(D) The employer does not have any responsibility under POSH 2013

(A) The employer must ensure the setup of an Internal Committee (IC) and provide training on sexual harassment
Explanation: Employers are responsible for setting up an Internal Committee (IC), conducting awareness and training programs, and ensuring that appropriate actions are taken if sexual harassment complaints are filed.

83. Under POSH 2013, what is the maximum time limit for filing a complaint of sexual harassment?

(A) 6 months from the incident

(B) 3 months from the incident

(C) 1 year from the incident

(D) 2 years from the incident

(B) 3 months from the incident
Explanation: Under POSH 2013, a complaint of sexual harassment must be filed within 3 months of the incident. In cases of ongoing harassment, the time frame can be extended.

84. Which of the following is true about confidentiality under POSH 2013?

(A) All details of the complaint, including the identity of the complainant, must be kept confidential

(B) The details of the investigation should be shared with all employees for transparency

(C) The complainant must reveal their identity to all employees during the inquiry

(D) The Internal Committee must inform the harasser of the complainant’s identity

(A) All details of the complaint, including the identity of the complainant, must be kept confidential
Explanation: The POSH Act ensures confidentiality, meaning the identity of the complainant and the details of the investigation should be kept confidential to protect both the complainant and the accused.

85. What happens if the Internal Committee (IC) fails to resolve the sexual harassment complaint within the prescribed period under POSH 2013?

(A) The employer must immediately terminate the accused

(B) The complainant can escalate the issue to the appropriate legal forum

(C) The employer must take action without the committee’s report

(D) The complainant can withdraw the complaint

(B) The complainant can escalate the issue to the appropriate legal forum
Explanation: If the Internal Committee fails to resolve the complaint within the prescribed 90 days, the complainant can escalate the matter to a legal forum or higher authorities for further action.

86. Which of the following is a critical provision under POSH 2013 for the complainant?

(A) The complainant must be transferred to another department

(B) The complainant should receive financial compensation for the harassment

(C) The complainant must not be subjected to retaliation or victimization

(D) The complainant must agree to a settlement

(C) The complainant must not be subjected to retaliation or victimization
Explanation: POSH 2013 protects the complainant from retaliation or victimization, ensuring that they are not discriminated against or penalized for filing a sexual harassment complaint.

87. Who can be an external member of the Internal Committee under POSH 2013?

(A) An employee from the employer’s organization

(B) A legal expert appointed by the employer

(C) An external member from an NGO or women’s organization

(D) A government official

(C) An external member from an NGO or women’s organization
Explanation: The POSH Act requires that at least one member of the Internal Committee (IC) be from an external NGO or women’s organization to ensure impartiality and fairness in the process.

88. Under POSH 2013, if an employee is found guilty of sexual harassment, what can the Internal Committee recommend?

(A) A warning letter

(B) A fine or suspension

(C) Termination of employment

(D) All of the above, depending on the severity of the harassment

(D) All of the above, depending on the severity of the harassment
Explanation: If an employee is found guilty of sexual harassment, the Internal Committee may recommend disciplinary actions such as a warning letter, suspension, or even termination, depending on the severity of the offense.

89. What is the primary aim of POSH 2013?

(A) To punish employees who file false complaints

(B) To ensure a safe and respectful working environment by preventing and addressing sexual harassment

(C) To provide financial compensation to victims of sexual harassment

(D) To encourage women to remain silent about harassment

(B) To ensure a safe and respectful working environment by preventing and addressing sexual harassment
Explanation: The primary goal of POSH 2013 is to provide a legal framework to prevent and address sexual harassment in the workplace, ensuring that employees can work in a safe, respectful, and harassment-free environment.

90. Under POSH 2013, how should the workplace be made safer for women?

(A) By increasing surveillance and monitoring

(B) By providing gender sensitivity training and clear guidelines on sexual harassment prevention

(C) By reducing the number of women in the workplace

(D) By hiring more male employees

(B) By providing gender sensitivity training and clear guidelines on sexual harassment prevention
Explanation: A safer workplace for women can be created by providing gender sensitivity training, clear policies on sexual harassment prevention, and ensuring that all employees are aware of their rights and responsibilities under POSH 2013.

91. According to POSH 2013, what must the employer do to ensure compliance with the act?

(A) Conduct periodic awareness programs and set up an Internal Committee

(B) Only investigate complaints when formally submitted

(C) Report all complaints to the police

(D) Rely solely on external authorities to address complaints

(A) Conduct periodic awareness programs and set up an Internal Committee
Explanation: Employers are required to set up an Internal Committee, conduct awareness programs about sexual harassment prevention, and take prompt action to address any complaints filed under POSH 2013.

92. Under POSH 2013, what is the maximum amount of compensation that can be awarded to a complainant?

(A) ₹50,000

(B) ₹2,00,000

(C) ₹10,00,000

(D) Compensation is not specified in the act

(B) ₹2,00,000
Explanation: The POSH Act allows the Internal Committee to recommend compensation based on the severity of the incident, with the amount typically capped at ₹2,00,000. The compensation aims to compensate the complainant for emotional distress and loss of income.

93. What should be done if the accused person is in a position of power (e.g., senior management)?

(A) The complaint should be dismissed

(B) The Internal Committee should handle the case in the same manner as other complaints, ensuring impartiality

(C) The accused should be immediately transferred

(D) The case should be referred to an external body automatically

(B) The Internal Committee should handle the case in the same manner as other complaints, ensuring impartiality
Explanation: Even if the accused is in a position of power, the Internal Committee must handle the complaint impartially and follow the prescribed process for investigation and resolution, as per POSH 2013.

94. What is one of the essential features of a Sexual Harassment Complaint Box in the workplace, according to POSH 2013?

(A) It should be monitored by the employer

(B) It must be accessible only to the Internal Committee

(C) It should be available for employees to submit complaints anonymously

(D) It should be displayed in a public area

(C) It should be available for employees to submit complaints anonymously
Explanation: POSH 2013 mandates that a Sexual Harassment Complaint Box be accessible to employees, allowing them to submit complaints anonymously if they prefer. This encourages employees to report harassment without fear of retaliation.

95. Under POSH 2013, who has the authority to take action against an employee found guilty of sexual harassment?

(A) Only the Internal Committee (IC)

(B) The employer, based on the IC's recommendations

(C) The government authorities

(D) The police

(B) The employer, based on the IC's recommendations
Explanation: The employer is responsible for taking action against an employee found guilty of sexual harassment, but this must be done based on the recommendations made by the Internal Committee after its investigation.

96. Under the POSH Act, who is entitled to be part of the Internal Committee?

(A) At least one male member

(B) At least one woman member from senior management

(C) At least one external member from a women’s organization or NGO

(D) Only employees of the same gender as the complainant

(C) At least one external member from a women’s organization or NGO
Explanation: The POSH Act mandates that the Internal Committee must include at least one external member from an NGO or women’s organization to ensure impartiality and fairness during the investigation of complaints.

97. What action can the Internal Committee (IC) recommend if a complaint is found to be true under POSH 2013?

(A) Reprimanding the accused

(B) Compensation to the complainant

(C) Termination or suspension of the accused

(D) All of the above

(D) All of the above
Explanation: The Internal Committee (IC) may recommend a range of actions, including reprimanding the accused, providing compensation to the complainant, or even terminating or suspending the accused, depending on the severity of the offense.

98. What is the role of the employer in the prevention of sexual harassment at the workplace?

(A) To conduct thorough investigations of each complaint

(B) To provide a safe working environment free of sexual harassment

(C) To ensure employees are aware of their rights under POSH 2013

(D) All of the above

(D) All of the above
Explanation: The employer plays a crucial role in preventing sexual harassment by ensuring a safe working environment, conducting investigations when necessary, and providing education to employees about their rights under POSH 2013.

99. Under POSH 2013, how does the Internal Committee (IC) ensure the confidentiality of the investigation?

(A) By keeping all records public to promote transparency

(B) By sharing details only with the complainant and the accused

(C) By ensuring that only authorized personnel have access to the investigation details

(D) By conducting the investigation in an open forum

(C) By ensuring that only authorized personnel have access to the investigation details
Explanation: To protect the privacy and integrity of the investigation process, the Internal Committee (IC) ensures that only authorized personnel have access to the details of the complaint and investigation.

100. What is the objective of the POSH 2013 Act in terms of creating a work environment?

(A) To encourage reporting of complaints without any repercussions

(B) To ensure that all employees experience harassment equally

(C) To create a work environment where sexual harassment is normalized

(D) To create a safe, secure, and respectful work environment free from sexual harassment

(D) To create a safe, secure, and respectful work environment free from sexual harassment
Explanation: The POSH Act aims to create a safe and respectful workplace where all employees are free from sexual harassment and have a clear process to report any such incidents without fear of retaliation.

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