POSH- Not just a Legal Requirement

POSH compliance in India refers to the implementation and adherence to the Prevention of Sexual Harassment (POSH) at the workplace Act, 2013. The Act aims to provide a safe and secure working environment for women by prohibiting sexual harassment and prescribing measures for prevention and redressal of complaints related to such harassment. In this article, we will discuss the various aspects of POSH compliance in India.

Applicability of POSH

The POSH Act applies to all workplaces in India wherein there are 10 or more employees, including offices, factories, hospitals, educational institutions, etc. The Act covers not only female employees but also includes contract workers, trainees, apprentices, and even clients or customers who visit the workplace.

Obligations of Employers

Employers have several obligations under the POSH Act, which include:

1. Formulation of a Sexual Harassment Policy: Employers are required to formulate a policy against sexual harassment at the workplace. The policy should define sexual harassment, the mechanism for filing a complaint, the redressal procedure, and the penalties for non-compliance.

2. Formation of an Internal Committee (IC): Employers shall constitute an IC at each workplace with ten or more employees. The committee should consist of at least one external member, who is an expert in the field of gender and sexual harassment, at least one presiding officer and at least two internal members.

3.Conducting Awareness Programs: Employers shall conduct awareness programs, workshops, training programs to educate employees about the provisions of the POSH Act and the company's sexual harassment policy.

4. Filing an Annual Report: Employers shall file an annual report with the district officer of appropriate jurisdiction, stating the number of complaints received, the action taken, and the status of the cases which are not redressed within 90 day and the number of workshops conducted for the employees on POSH awareness.

5. Disclosure in the Board report: Employers shall comply with the disclosure requirements in the Annual Board report published and circulated to the shareholders of the Company.

Complaint Redressal Mechanism

The POSH Act provides for complaint redressal mechanism for the victim of sexual harassment.

1. Internal Committee (IC): The victim can file a complaint with the IC formed by the employer. The IC is required to conduct an inquiry and submit a report within 90 days of receiving the complaint. The employer shall comply the recommendations in the Inquiry report of IC within 60 days.

2. Local Complaints Committee (LCC): If the employer fails to constitute an IC or if the victim is not satisfied with the IC's decision, she can file a complaint with the LCC formed by the district officer. The LCC is required to submit a report within 60 days of receiving the complaint.

3. Criminal Complaint: If the victim is not satisfied with the LCC's decision, she can file a criminal complaint under the Indian Penal Code (IPC).

Penalties for Non-Compliance

Employers who fail to comply with the provisions of the POSH Act are liable to pay a fine of up to Rs.50,000. Repeat offenders may face a penalty of up to Rs.1,00,000 or cancellation of their business license. In addition, non-compliance may lead to adverse publicity and damage to the company's reputation.

As consultants, we can help companies with the implementation and compliance of POSH. Our team can assist in formulating a comprehensive sexual harassment policy that complies with the POSH Act's provisions and provides clear guidelines for filing complaints and redressal mechanism. We can also help in forming an Internal Committee (IC) and conducting awareness programs to educate employees about sexual harassment and the company's policy.

How Startup Movers can help in POSH Compliance

Our consultants can also provide training to the IC members and ensure that they have the necessary expertise to handle complaints and conduct inquiries. We can also help in filing the annual report with the appropriate government authority and ensure that the report complies with the provisions of the Act and the POSH policy of the entity..

In addition, our team can provide ongoing support to companies in maintaining POSH compliance by conducting regular audits, reviewing the sexual harassment policy, and providing guidance on handling complaints and ensuring timely redressal.

By partnering with us, companies can ensure compliance with the POSH Act and create a safe and secure work environment for their employees. Our team of experts can provide customized solutions tailored to the company's needs, ensuring a seamless implementation process and ongoing support to maintain compliance.

Conclusion

POSH compliance in India is essential to provide a safe and secure working environment for women. Employers must take the necessary steps to ensure compliance with the provisions of the POSH Act. By doing so, they not only comply with the law but also contribute to creating a gender-sensitive work culture that promotes equality and diversity. Building systems and processes that regulate the anti-sexual harassment guidelines internally convey the picture of a more mature organization. It is the responsibility of the management of every organization, to ensure absolute compliance with this law.