Posh Compliance India

POSH Policy - An Overview

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.

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.

Who can File a complaint under POSH Act 2013?

The POSH Act applies to all organisations with more than 10 employees. Organisations with fewer than 10 employees may also voluntarily adopt the provisions of the POSH Act.

Organisations that are required to comply with the POSH Act must take steps to prevent and redress acts of sexual harassment in the workplace. They must also provide a safe and secure working environment for women employees, and take measures to protect them from sexual harassment.

Organisations that adopt the provisions of the POSH Compliance Act are required to set up an Internal Complaints Committee (ICC) to address complaints of sexual harassment. The ICC must be headed by a woman employee and must have at least 50% women members.

Organisations that fail to comply with the provisions of the POSH Act may be liable to penalties under the Indian Penal Code and other laws.

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.

Mandatory Steps taken by Company against 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.

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 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.

Annual Report on POSH Compliance

• 89% of organisations have a POSH policy in place, up from 80% last year.
• 72% of organisations have set up an Internal Complaints Committee (ICC), as required by law. This is a significant increase from last year's figure of 54%.
• 58% of employees are aware of the POSH policy, up from 50% last year.
• 41% of employees feel comfortable reporting sexual harassment, up from 33% last year.

POSH Compliance Applicability (POSH Act 2013)

POSH compliance is applicable to every organization with more than 10 employees in India. It is the responsibility of the Employer to provide a safe and secure working environment for all its employees and to take all reasonable steps to prevent sexual harassment at workplace.

The Internal Complaints Committee (ICC) is responsible for handling complaints of sexual harassment at workplace, and for taking appropriate action against the perpetrator. POSH compliance requires that every employer must constitute an ICC, if they do not already have one in place.

The process of filing a complaint with the ICC can be initiated by any employee of the organisation who has been a victim of sexual harassment at workplace. The complaint can be made orally or in writing, and must be signed by the complainant.

Once a complaint is filed, the ICC will investigate the matter and if they find that the sexual harassment has indeed taken place, they will take appropriate action against the perpetrator. This may include disciplinary action such as warnings, suspension, or even termination from employment.

The ICC will also take steps to protect the victim from further harassment or retaliation from the perpetrator or any other employee of the organisation. In some cases, the ICC may also recommend the transfer of the victim to another department or location.

Rules under Protection Against Harassment at the Workplace Rules 2013

The Protection Against Harassment at Workplace Rules, 2013 (POSH Rules) are the rules made by the Government of India under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The POSH Rules provide detailed guidelines on preventing and addressing sexual harassment in the workplace.

The POSH Rules apply to all organisations that employ ten or more people, regardless of size. The rules define sexual harassment as any unwelcome act or behaviour of a sexual nature, whether physical, verbal, or non-verbal, that:

• Humiliates or embarrasses a woman;
• Creates a hostile or intimidating work environment or
• Affects the woman's employment or career prospects.

The POSH Rules also require all organisations to have a written POSH policy in place. The policy should define sexual harassment, provide a complaint mechanism, and outline the responsibilities of the employer and the employee.

The POSH Rules also establish a two-tier complaint mechanism for addressing sexual harassment complaints. The first tier is the Internal Complaints Committee (ICC), which is a body constituted by the employer to investigate and resolve complaints of sexual harassment. The second tier is the Local Committee, which is a body constituted by the District Officer to investigate and resolve complaints of sexual harassment that the ICC does not resolve.

The POSH Rules are a comprehensive set of guidelines that provide organisations with the tools they need to prevent and address sexual harassment in the workplace. The rules are a valuable resource for employers, employees, and anyone interested in creating a safe and secure workplace for all.

Here are some of the key provisions of the POSH Rules:

• All organisations with ten or more employees must have a written POSH policy in place.
• The policy must be displayed prominently in the workplace and must be made available to all employees.
• The policy must define sexual harassment and provide a complaint mechanism.
• The complaint mechanism must be confidential and must ensure that the victim is protected from retaliation.
• The employer must take all necessary steps to prevent sexual harassment in the workplace.
• The employer must also take appropriate action against the perpetrator of sexual harassment.

The POSH Rules are a powerful tool that can be used to prevent and address sexual harassment in the workplace. It is important for all organisations to comply with the Rules and to take steps to create a safe and secure workplace for all employees.

If you are an employee who has been sexually harassed, you can file a complaint with the ICC or the Local Committee. You can also file a complaint with the police.

If you are an employer, you are responsible for preventing sexual harassment in your workplace. You can do this by:

• Ensuring that all employees are aware of the POSH Rules and the organisation's POSH policy.
• Providing training on sexual harassment prevention to all employees.
• Creating a culture of respect and dignity in the workplace.
• Taking prompt action against any incidents of sexual harassment.

By taking these steps, you can help to create a safe and secure workplace for all employees.

Why Vakilsearch?

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.