POSH
What is POSH?
Prevention of sexual harassment of women at workplace. In India sexual harassment of women at workplace is enshrined in The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act).
As the name of the Act suggests this comprehensive legislation outlines the legal framework and guidelines to prevent, prohibit, and redress incidents of sexual harassment in both public and private sectors.
POSH Act emphasizes the prevention of sexual harassment through measures such as PoSh focused policies, proactive training, and the promotion of gender-neutral work environments. By implementing these measures, organizations can proactively address the issue of sexual harassment, ensure the safety of their employees, and foster a productive and inclusive work culture.
Together, we can build workplaces that respect the dignity of all individuals and foster a culture of equality and respect.
Need for POSH
Sexual harassment is a violation of an individual’s fundamental rights, including the right to dignity, equality, and a safe working environment. PoSh law provide a legal framework to safeguard these rights and ensure that individuals can work without fear of harassment.
Sexual harassment can have severe physical, emotional, and psychological consequences for victims, leading to a hostile work environment. PoSH laws and policies aim to create safe and inclusive workplaces by setting standards for behavior, prevention, and redressal of sexual harassment incidents.
Sexual harassment often involves a power imbalance between the harasser and the victim, with the former taking advantage of their position or authority. The Act seeks to help address this power dynamic by establishing mechanisms to hold offenders accountable and provide support to victims.
The Act emphasize the importance of gender equality at the workplaces.
Duties of Employer
Every employer employing ten or more employees is required to comply with provisions of POSH Act. Under the POSH Act in India, employers have several important duties and responsibilities to ensure the effective implementation of the act. These duties include:
Formulation of Policy- Employers are required to formulatea sexual harassment policy that outlines the organization’s stance against sexual harassment. The policy should define sexual harassment, provide examples, and specify the consequences for offenders. It must be effectively communicated to all employees and prominently displayed in the workplace.
Establishing an Internal Complaints Committee (ICC)- Employers must constitute an ICC in organizations. The ICC serves as an internal redressal mechanism for complaints of sexual harassment. Half of members of ICC should be women, with at least one member being a person who is not the employee of the Employer. The ICC is responsible for receiving complaints, conducting inquiries, and recommending appropriate actions.
Sensitization and Training- Employers are obligated to conduct regular sensitization programs and awareness sessions on sexual harassment. These programs should educate employees about their rights, the definition and forms of sexual harassment, the complaint filing procedure, and the consequences for perpetrators. Sensitization programs contribute to fostering a respectful and harassment-free work culture.
Prompt Inquiry and Action- Employers must ensure that any complaint of sexual harassment is promptly addressed. The ICC should conduct a fair and impartial inquiry, providing both the complainant and the respondent an opportunity to present their case. Based on the findings, the employer should take appropriate action, which may include disciplinary measures, counselling, or termination.
Record-Keeping: Employers must maintain records of all complaints received, actions taken, and proceedings of the ICC. These records should be preserved for a minimum period of three years or as prescribed by the law.
How can we help?
Compliance
We specialize in providing comprehensive services in Preventing Sexual Harassment at Workplace. We understand the importance of fostering a safe and inclusive work environment and offer a range of expert legal solutions to help organizations navigate the complexities of POSH compliance and effectively address incidents of sexual harassment.
POSH Policy
We assist organizations in formulating and reviewing sexual harassment policies tailored to their specific needs. Our team ensures that policies are in line with the latest legal developments, define prohibited conduct clearly, and establish effective internal mechanisms for addressing complaints. We work closely with clients to develop policies that foster a culture of respect, equality, and dignity within their workplaces.
Training and Awareness Programs
Our engaging and interactive training sessions raise awareness about sexual harassment, educate employees about their rights and responsibilities, and promote a harmonious work environment. Our experienced trainers deliver customized programs to employees at all levels, including management, supervisors, and staff, ensuring they are equipped with the knowledge and tools to prevent and respond to incidents of sexual harassment.
Internal Complaints Committee (ICC) Support
We provide comprehensive support in establishing and managing Internal Complaints Committees (ICCs). Our experts assist in the selection of committee members, conduct training sessions to ensure their understanding of their roles and responsibilities, and guide employers through the process of conducting fair and impartial inquiries into complaints. We also facilitate the appointment of external member on the ICCsWe help organizations maintain confidentiality, due process, and compliance with legal requirements.
Complaint Handling
We comprehensive support in the handling of complaints related to sexual harassment. We conduct thorough investigations, gathering evidence, interviewing relevant parties, and documenting findings. We provide objective recommendations based on our findings, enabling organizations to take appropriate actions to address the complaint. Throughout the process, we prioritize the well-being and rights of all parties involved, working towards a resolution that fosters a supportive and respectful work environment. Our focus is on ensuring a fair and just resolution while safeguarding the interests of our clients and their employees.