April 6, 2021
Be POSH Compliant Today!
Mandatory Requirement in India to Prevent Sexual Harassment at the Workplace
Every one out of two women has experienced sexual harassment in the workplace, however, the majority of these occurrences go unreported, and therefore, the accurate count of is unknown. A few years back, we have seen the #MeToo movement in India where women opened up about sexual harassment and assault that women have faced due to men in positions of power.
To promote equality, protect women from sexual harassment, and to maintain the dignity of the workplace, the Ministry of Women and Child Development came up with “THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 (“POSH”), which mandated workplaces in India to make and implement policy on prevention, prohibition, and redressal of sexual harassment at the workplace for women.
Now, employers have various obligations to fulfill to ensure that working women are protected from sexual harassment at the workplace under the POST Act. These compliances include the formation and implementation of POSH policy, setting up of Internal Committee (IC), annual filings, etc. All organizations mandatorily have to frame and adopt “POSH policy” that includes the basic definitions (such as sexual harassment, employee, etc.) of the Act, compliant procedures, the responsibility of employees, redressal mechanism, etc
Similarly, the constitution of IC, (in some cases including external member) is mandatory where the number of personnel is higher than a certain number. The IC shall be handling and redressing complaints on sexual harassment along with filing annual returns. Furthermore, the IC has to submit certain details monitored by it during a year. The report consists of information such as the number of complaints of sexual harassment received in the year; the number of complaints disposed of during the year; the number of cases pending for more than 90 days, etc.
The Employee’s offer letter/appointment letter/employment contract must reflect the organization’s commitment to ensure a safe workplace and legal actions shall follow in case of violation of the POSH policy. Also, the employer is obligatory to create awareness amongst the employees by organizing workshops for informing the employees on the Act and their rights thereof. Online workshops are allowed, however, it is recommended that at least one workshop must be in person in a calendar year.
To know more, please contact us. We have a team of experts, having practical exposure in this field, and helping businesses to comply with POSH law.