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POSH Compliance India
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Overview POSH Compliance
The POSH (Prevention of Sexual Harassment) Act was introduced in 2013 in India in order to provide a safe and secure workplace environment for women. The Posh Compliance act covers a wide range of sexual harassment including physical, verbal, emotional, and online harassment. Since its introduction, the POSH Act has been mandatory for all workplaces with more than 10 employees. However, many businesses are still not compliant with the act.
Overview of the POSH Act, 2013
The Protection of Women from Sexual Harassment (POSH) Act, 2013 is an important piece of legislation that seeks to protect women from sexual harassment in the workplace. Sexual harassment has long been a pervasive issue in India, and the POSH Act, 2013 was introduced in response to the growing recognition of this problem.
To ensure that the provisions of the Act are implemented effectively, every employer is required to establish an Internal Complaints Committee (ICC) to receive complaints of sexual harassment and to ensure that a safe and non-discriminatory working environment is maintained for all employees. The ICC is required to conduct an inquiry into complaints and submit a report with its findings and recommendations to the employer.
In addition, the POSH Act mandates that employers provide regular training to their employees on the prevention of sexual harassment and on the procedure for making complaints. This is an important step towards creating a safe and harassment-free workplace for women in India.
Impact of the POSH Act, 2013
The POSH Act, 2013 has made a significant impact on workplaces in India, especially for women. It has raised awareness about sexual harassment and created a legal framework to deal with it. The Act has enabled women to report incidents of sexual harassment without fear of reprisals and made employers accountable for ensuring a safe and non-discriminatory working environment. The establishment of Internal Complaints Committees (ICCs) has provided a platform for women to seek redress and a more transparent process for handling complaints. The Act has overall promoted gender sensitivity and equity in the workplace in India.
Features of POSH Act 2013
- The Act applies to all workplaces with more than 10 employees
- ICCs must be set up in workplaces to investigate complaints of sexual harassment
- Employers are required to provide a safe and secure working environment for women, including access to CCTV cameras, security guards, and anti-sexual harassment policies
- Employees who experience sexual harassment can file a complaint with the ICC or directly with the police
- Employers who do not comply with the POSH act can be fined up to ₹50,000.
POSH Policy
Organisations are increasingly adopting POSH Compliance policies to prevent and address sexual harassment at workplace. A POSH policy is a comprehensive document that lists out the organisation’s stance on sexual harassment, procedures for reporting and investigating complaints, and mechanisms for providing support to employees who have experienced sexual harassment.
Employees should be aware of their organisation’s POSH policy and familiarise themselves with the procedures for making a complaint. If you experience sexual harassment at work, or witness it happening to someone else, it is important to report it immediately. Your organisation’s POSH policy will outline the specific steps to take in reporting an incident.
Once a complaint has been made, the organisation will investigate the matter and take appropriate disciplinary action against the perpetrator, if found guilty. The victim of sexual harassment will also be provided with support and counselling, if needed. It is important for organisations to have a POSH policy in place to create a safe and respectful working environment for all employees. If you are ever unsure about how to handle a situation involving sexual harassment at work, always refer back to your organisation’s POSH policy for guidance.
With Dreamunicus, businesses can be confident that they are meeting their obligations under the POSH Act and creating a safe and secure environment for all employees.
POSH Committee
The PoSH Committee is a group of individuals who are responsible for ensuring POSH compliance with the Prevention of Sexual Harassment (PoSH) Act in India. The committee is typically made up of senior executives from an organisation, and its members are responsible for investigating complaints of sexual harassment, taking disciplinary action against offenders, and developing policies and procedures to prevent sexual harassment from occurring.
The PoSH Act was enacted in response to the growing problem of sexual harassment in the workplace. The Act requires organisations with more than 10 employees to establish a PoSH Committee, and sets forth specific guidelines for how the committee must operate. The committee must meet at least once every three months, and must keep minutes of its meetings that detail the complaints received and investigated, as well as the actions taken in response to those complaints.
Organisations that fail to comply with the PoSH Act can be subject to fines and other penalties. Additionally, victims of sexual harassment who do not receive satisfaction from their employer’s PoSH Committee can file a complaint with the National Commission for Women or the State Women’s Commission.
POSH Compliance Checklist
- Provide employees with clear and detailed information on the government rules and regulations related to POSH compliance
- Ensure that a committee is committed to handling all issues of sexual harassment, providing protection for victims, and preventing any future occurrences
- Make sure a dedicated officer is appointed by the company and legally responsible for ensuring the organisation follows all prevention policies set by the Ministry of Women & Child Development
- Effectively report complaints of sexual harassment and provide minutes of every meeting in regards to POSH compliance
- Promote awareness around the legal implications of sexual harassment and the potential penalties for violators
- Create an environment where employees feel safe speaking up about their experiences without fear of repercussions
- Implement an effective grievance redressal system to address complaints of sexual harassment promptly
- Establish basic standards and steps to be taken when dealing with cases of sexual harassment within the workplace
- Regularly monitor activities to ensure that the rules regarding POSH compliance are being followed correctly and effectively.
Documents Required for Posh Compliance
As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, certain documents are required to be maintained by the Internal Complaints Committee (ICC), which is responsible for conducting an enquiry into a Sexual harassment complaint(POSH Compliance).
The following documents must be kept by the ICC:
- The written complaint of sexual harassment made by the victim
- Any supporting documents or evidence provided by the victim, such as emails, text messages, etc
- All statements recorded during the course of the enquiry, including those of witnesses
- The final report prepared by the ICC after completing its enquiry.
Pre-documenting POSH Complaint
Pre-documenting a POSH complaint means creating a written account of the harassment faced by an employee at the workplace. This account can be in the form of a diary entry, email, or any other document.
Documenting a Posh Compliance has many advantages. It creates a record of the events which can be used as evidence in case the matter goes to trial. It also puts the onus on the company to take action against the perpetrator and create a safe working environment for all employees.
When pre-documenting a POSH complaint, it is important to include all relevant details such as dates, times, names, and locations. Any witnesses should also be named. The account should be as clear and concise as possible.
Procedure for POSH Compliance in India
As per the POSH Act, every company is required to take the following mandatory steps:
1. Appoint an Internal Complaints Committee (ICC): As per the POSH Act, every company with more than 10 employees must appoint an ICC. The ICC must have at least 4 members, including a Presiding Officer who is a senior-level employee of the company. At least 50% of the members of the ICC must be women.
2. Display notice of sexual harassment policy: The POSH Act requires companies to display a notice of their sexual harassment policy in a conspicuous place at the workplace. The notice must include the name and contact details of the ICC Members.
3. Conduct awareness programmes: Companies are required to conduct regular awareness programmes for all employees on sexual harassment and the procedures for filing complaints under the POSH Act.
4. Investigate complaints promptly: All complaints filed with the ICC must be investigated promptly and action taken against the perpetrator, if found guilty.
Why Dreamunicus?
We have a team of experienced lawyers who can guide you through the process and ensure that your company is compliant with all the necessary regulations.
We have a strong commitment to customer service and will provide you with all the support you need to successfully implement POSH compliance in your workplace.
Frequently Asked Questions (Faq)
The term ‘POSH’ stands for Prevention of Sexual Harassment. The POSH Act was introduced in 2013 in order to protect women from sexual harassment at workplaces. The act covers all organisations with more than 10 employees. As per the POSH Act, every organisation must have a POSH committee to address POSH compliance of sexual harassment.
The key provisions of the act include setting up of Internal Complaints Committees (ICCs) in workplaces with more than 10 employees, filing of complaints by employees with ICCs, investigation into complaints by ICCs, and imposition of penalties on found guilty.
Dreamunicus helps organisations with POSH compliance in various ways such as drafting their policies, helping them set up ICCs, training their employees on sexual harassment, and conducting audits to ensure compliance with the act.
In India, POSH compliance is mandatory for all organisations with more than 10 employees. This law was enacted in an effort to protect women from sexual harassment at the workplace. Vakilsearch can help your organisation comply with POSH by providing expert legal guidance and support.
- Prohibition of Sexual Harassment – this means that you cannot engage in any form of sexual harassment at work, including making lewd comments, telling sexually explicit jokes, or physically assaulting someone.
- Prompt Reporting and Redressal of Complaints – if you experience or witness sexual harassment at work, you must report it immediately to the designated authorities so that they can take appropriate action.
- Prevention of Retaliation – if you do report sexual harassment at work, your employer cannot take any negative action against you in retribution, such as demotion, pay cut, or firing.
- To provide a safe and secure working environment for women
- To create a mechanism for addressing complaints of sexual harassment promptly and effectively
- To raise awareness about sexual harassment and its consequences
- To promote gender equality and empower women
- The company must have at least 10 employees.
- The company must be engaged in an industry that is listed in the Schedule I industries of the Companies Act, 2013.
- Some of these industries include manufacturing, mining, power generation and distribution, banking, and insurance.
- The company must have been incorporated
The Complainant is the party who files the complaint with the Internal Complaints Committee (ICC) or the Local Committee (LC), as the case may be. The complaint can be filed by any person who has faced sexual harassment at her workplace.
PoSH training is a type of training that focuses on the prevention of sexual harassment in the workplace. It is important for employers to provide their employees with this type of training so that they are aware of what constitutes sexual harassment and how to prevent it from happening.
- Display posters or notices specifying the penalties for engaging in sexual harassment, as well as the contact details of the ICC
- Organise awareness programmes on sexual harassment for all employees
- Provide training to members of the ICC on investigating complaints of sexual harassment
- Make available a mechanism for reporting incidences of sexual harassment anonymously or confidentially.
An internal committee is a group of people who are appointed by the management of an organisation to perform a specific task. The members of an internal committee are usually employees of the organisation.
The purpose of an internal committee is to provide advice and recommendations to the management on matters that are within the scope of the committee's mandate.
The members of an internal committee are typically selected based on their expertise and experience in the relevant area. For example, if the committee is tasked with reviewing the organisational structure, the members would likely be senior managers with extensive experience in organisational design.
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