Prevention of Sexual Harassment in the workplace
The POSH Act full form (Prevention of Sexual Harassment) Act refers to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, enacted by the Indian Parliament. This law was introduced to provide protection against sexual harassment of women in the workplace and for the prevention and redressal of complaints related to sexual harassment.
The POSH Act is a significant step in ensuring a safe and respectful work environment for women in India, aiming to protect their rights and dignity at the workplace.
What is Sexual Harassment?
➢ANY UNWELCOME ACT or behaviour
➢SEXUAL in nature
➢A SUBJECTIVE experience
➢IMPACT not the Intent that matters
Sexual Harassment includes:
- Stalking, Physical contact, Abusive Sounds
- Making sexually coloured remarks or Showing pornography or the likes;
- Demand or request for sexual favours;
- HOSTILE WORK ENVIRONMENT or Interference with her work
- Humiliating treatment likely to affect her health or safety
- Implied or explicit TREATMENT promise of PREFERENTIAL in her employment; or
- Vulgar/indecent jokes, phone calls, text massages, e-mails,
- Implied or explicit in her THREAT ABOUT PRESENT ANDFUTURE EMPLOYMENT STATUS
- Using sexually abusive language or signs in the presence of woman employee;
- Physical confinement or touches against the will and likely to intrude upon one’s privacy;
Key Provisions of the POSH Act India:
Indian Law on Sexual Harassment
- The Constitution of India The Constitution of India,
- Vishaka Vs. State of Rajasthan (Vishaka guidelines),
- Industrial Employment (Standing Orders) Act, 1946
- The Indian Penal Code (Section 209, 354, 376 and 509), 1860;
- The Objectives of these laws is Prevention + Protection + Redressal
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules made thereunder.
Duties of the Employer
Support to the ICC: Provide necessary facilities for conducting inquiries, assist in securing the attendance of the respondent and witnesses, and ensure compliance with the recommendations of the ICC.
Preventive Measures: Ensure a safe working environment, display details of the Act and the ICC, organize awareness programs, and sensitize employees.
The Indian Penal Code Provision
- Section 509 – Word, gesture or act intended to insult the modesty of a woman
- Section 354 A: Sexual harassment and punishment for sexual harassment
- Offence: making any sound or gesture, exhibiting any object, utterance of any word,
- With an intention to intrude upon the privacy of such woman such woman
- Nature of offence: Cognizable
- Punishment: Simple imprisonment up to 3 years + fine
- Amendment to the Indian Penal Code Provision
Compliance Requirements under PoSH Act 2013:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the PoSH Act, is a legislative framework in India designed to prevent and address sexual harassment at the workplace.
Compliance with the PoSH Act is mandatory for all organizations in India, and the key elements of compliance include:
Key Amendments and Updates to the POSH Act
Mandatory Disclosure in Annual Reports (2018)
Companies are required to include a disclosure in their Director’s Report as part of the annual report, stating:
- The number of cases filed under the POSH Act during the year.
- The status of their resolution.
Broader Definition of “Workplace” (2018)
The definition of “workplace” now includes:
- Places visited by employees during work (e.g., business trips, conferences).
- Extended workplaces such as coworking spaces and third-party premises.
Increased Employer Accountability (2019)
- Employers are now required to provide a compliance certificate under the Companies Act, confirming adherence to the POSH Act.
- Non-compliance can lead to penalties, including fines and potential cancellation of business licenses.
Simplification of ICC Constitution Guidelines (2019)
The rules for forming the ICC have been clarified to ensure:
- At least one external member with expertise in women’s issues or legal knowledge.
- A balance of genders among the members to maintain fairness.
- Non-compliance in forming the ICC is treated as a breach of law.
Filing Timelines for Complaints (2020 Update)
While the Act originally required complaints to be filed within 3 months of the incident, the timeline can now be extended if the Internal Complaints Committee (ICC) finds sufficient cause for delay.
Emphasis on Employee Training and Awareness (2020)
Employers are mandated to conduct regular training and sensitization programs for employees, ensuring awareness about the provisions of the POSH Act and the process for reporting incidents.
Extension to Virtual Workplaces (2021)
The scope of the POSH Act has been clarified to include virtual workplaces, given the rise in remote and hybrid work models. Any incidents of harassment occurring over digital platforms or during virtual meetings are now covered under the Act.
Penalties for Non-Compliance (Strengthened in 2021)
Penalties for non-compliance with the POSH Act provisions have been increased. Companies failing to implement the Act can face:
- Fines up to INR 50,000 for the first offense.
- Higher fines and cancellation of business licenses for repeated offenses.
POSH ACT FAQs:-
How can companies promote awareness about The POSH Act among employees?
Answer: Companies can conduct POSH workshops, distribute informational materials, and include POSH policy in employee onboarding. Regular sessions on workplace behavior, complaint processes, and employee rights help maintain awareness and create a safer environment.
How to make sure you are complying with the PoSH Act?
Answer: To comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), organizations need to focus on both preventive measures and responsive mechanisms. Here’s a structured approach to ensure full compliance:
1. Establish an Internal Committee (IC)
- For any workplace with 10 or more employees, establish an Internal Committee (previously called the Internal Complaints Committee).
- The IC should include:
- A senior woman employee as the presiding officer.
- At least two members from employees, with a commitment to women’s causes.
- One external member from an NGO or someone experienced with women’s rights.
- Ensure the IC members are trained and meet regularly.
2. Implement a Comprehensive PoSH Policy
- Draft a policy covering definitions, scope, reporting process, resolution procedures, confidentiality, and consequences.
- Make the policy accessible to all employees and ensure they are informed of its contents.
- Clearly define unacceptable behavior, procedures for filing complaints, and the rights of complainants and respondents.
3. Conduct Regular Awareness Programs and Training
- Train all employees, including IC members, on PoSH provisions, workplace conduct, and how to prevent sexual harassment.
- Regular awareness sessions should be conducted to foster a safe work culture.
- Provide specific training for IC members to ensure they understand their responsibilities, fair investigation procedures, and confidentiality norms.
4. Display Information in the Workplace
- Display relevant information, including the PoSH policy, helplines, and the IC’s contact details, in accessible areas.
- Regularly remind employees about the PoSH Act, particularly new hires, and display it where it is visible and approachable.
5. Implement a Transparent Complaint Mechanism
- Establish a confidential and transparent complaint process to encourage reporting without fear of retaliation.
- Enable online or anonymous submissions, if possible, to make reporting easier.
- Clearly outline the procedure, timelines for resolution, and support resources.
6. Handle Complaints with Due Process
- The IC must handle each case sensitively, ensuring confidentiality and impartiality.
- Conduct a thorough and fair investigation, ensuring that both the complainant and the respondent have the opportunity to be heard.
- Follow the timelines mandated by the PoSH Act (i.e., completion of inquiry within 90 days and final report within 10 days of the inquiry).
7. Submit Annual Reports to District Officer
- As per the PoSH Act, submit an annual report to the District Officer with details on the number of cases filed, resolved, and pending.
- Retain all records and proceedings related to IC meetings, training sessions, and cases (while maintaining confidentiality) as part of compliance.
8. Review and Update Policies Regularly
- Periodically review and update the PoSH policy, taking into account legal updates, feedback from IC members, and organizational changes.
- Engage with HR and legal experts to ensure alignment with current regulations.
Adhering to these steps can not only ensure compliance with the PoSH Act but also foster a safer and more inclusive workplace culture.
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What steps should a company take to ensure POSH Act compliance?
Answer: To ensure compliance, companies should establish an ICC, conduct regular training, create a POSH policy, display employee rights, and maintain records. Employers can also seek POSH Act certification for verified compliance.
What is the punishment for false complaints under The POSH Act?
Answer: The POSH Act provides disciplinary measures for false or malicious complaints, including penalties for anyone who knowingly makes a false accusation. However, it emphasizes that this provision should not discourage genuine complaints.
Are employers required to submit an annual report under The POSH Act?
Answer: Yes, employers are required to submit an annual report to the district officer, summarizing the number of complaints received, resolved, and pending under the POSH Act. The report ensures transparency and accountability in handling harassment cases.
What is the role of the Local Complaints Committee (LCC) under The POSH Act?
Answer: The Local Complaints Committee (LCC) addresses complaints in workplaces with fewer than 10 employees or complaints against employers themselves. The LCC is set up by district officers to ensure access to complaint redressal for all employees.
How long does the ICC have to resolve a complaint under The POSH Act?
Answer: The ICC is required to complete the inquiry within 90 days of receiving the complaint. Following the inquiry, the committee has an additional 10 days to submit the report to the employer, who must act on the recommendations within 60 days.
How does the POSH Act protect complainants from retaliation?
Answer: The POSH Act includes strict confidentiality requirements, prohibiting any retaliatory action against complainants. It also ensures that the identity of the complainant and the details of the case are kept confidential throughout the investigation.
What are the penalties for non-compliance with The POSH Act?
Answer: Non-compliance with the POSH Act can result in fines, legal action, and potential cancellation of business licenses. Employers who fail to set up an ICC or conduct training may face penalties from the labour department.
What training is required under The POSH Act?
Answer: The POSH Act mandates regular awareness and training programs on sexual harassment prevention. This includes educating employees on what constitutes harassment, their rights, and the complaint process. Organizations often conduct annual POSH training sessions.
What are the responsibilities of employers under The POSH Act?
Answer: Employers are responsible for setting up an ICC, creating an anti-sexual harassment policy, conducting POSH training and awareness programs, and ensuring a safe working environment. They must also display information about employees’ rights under the POSH Act.
How can an employee file a complaint under The POSH Act?
Answer: An employee can file a complaint in writing with the Internal Complaints Committee (ICC) within three months of the incident. The complaint can also be submitted through email if the company allows. Confidentiality is maintained throughout the process.
What is the role of the Internal Complaints Committee (ICC) under the POSH Act?
Answer: The POSH Act requires every organization with 10 or more employees to set up an Internal Complaints Committee (ICC) to handle complaints of sexual harassment. The ICC investigates complaints and recommends disciplinary action if necessary.
What constitutes sexual harassment under The POSH Act?
Answer: Sexual harassment includes unwelcome physical, verbal, or non-verbal conduct of a sexual nature, such as inappropriate touching, lewd comments, and gestures. The Act broadly defines any conduct that creates an intimidating or hostile work environment.
Who is covered under The POSH Act?
Answer: The POSH Act applies to all employees, including full-time, part-time, temporary, and contractual workers, across both public and private sectors. It also extends protections to interns and visitors at the workplace.
What is POSH the Act ?
PoSH training meaning: POSH training refers to Prevention of Sexual Harassment training, which is mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. This training aims to create awareness among employees about workplace sexual harassment, its prevention, and the proper procedures to address complaints.
The Prevention of Sexual Harassment (POSH) Act, 2013 is an Indian law aimed at preventing and addressing sexual harassment in the workplace. It mandates employers to create a safe and respectful work environment, protecting employees from unwelcome conduct.
Key objectives of POSH training include:
- Educating employees about what constitutes PoSH sexual harrasment.
- Creating awareness of employee rights under the POSH Act.
- Guiding employers on forming an Internal Complaints Committee (ICC) to handle complaints.
- Explaining the complaint and redressal process to employees.
- Promoting a respectful and safe workplace environment for all employees, especially women.
Regular POSH training is essential for compliance with the law and helps cultivate a safe, inclusive workplace.
What is the role of Posh internal committee?
The role of the POSH Internal Committee (Internal Complaints Committee or ICC) is critical in ensuring a safe and harassment-free workplace under the Prevention of Sexual Harassment (POSH) Act in India. The key responsibilities of the POSH Internal Committee include:
1. Handling Complaints:
- The ICC is responsible for receiving complaints related to sexual harassment at the workplace.
- It ensures the complaints are treated with confidentiality and sensitivity.
2. Investigating Complaints:
- The committee conducts an impartial inquiry into the complaints of sexual harassment following due procedures.
- It gathers evidence, examines witnesses, and provides a fair hearing to both the complainant and the accused.
3. Recommending Actions:
- Based on the inquiry findings, the ICC suggests appropriate disciplinary actions against the accused if found guilty.
- The committee can also recommend changes to policies or preventive measures to create a safer workplace environment.
4. Preventive Measures:
- The committee works proactively to create awareness about the POSH Act and prevent sexual harassment through training programs and workshops.
- It educates employees about their rights, the grievance redressal process, and behavioral expectations at work.
5. Annual Reporting:
- The ICC is required to submit an annual report to the employer and the District Officer on the number of cases received, resolved, and the nature of actions taken.
The POSH Internal Committee plays a crucial role in promoting gender equality, maintaining workplace dignity, and ensuring compliance with the POSH Act.
Contact Us for All POSH Act Support Services
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- External Member for Internal Complaints Committee
- Training, gender sensitization, employee education
- Compliance, inclusive work environment
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