Prevention of Sexual Harassment (POSH) Act, 2013

The Prevention of Sexual Harassment (POSH) Act, 2013, is a landmark legislation aimed at creating a safe and respectful workplace environment for all employees. Compliance with POSH is not only a legal obligation but also a commitment to fostering a culture of respect and inclusivity within organizations. In this blog, we will cover the eligibility criteria for POSH compliance, the consequences of non-compliance, and the importance of training.

Eligibility for POSH Compliance

Every organization needs to evaluate whether it falls under the purview of the POSH Act. Here are the key points:

1. Who is required to comply?
• Any organization with 10 or more employees must comply with the POSH Act. This includes:
• Private companies
• Public sector organizations
• Non-governmental organizations (NGOs)
• Unregistered entities
• The Act covers all individuals associated with the organization, such as full-time employees, part-time workers, temporary staff, interns, and consultants.
2. What does compliance involve?
• Formation of an Internal Committee (IC): Every branch or office with 10 or more employees must establish an Internal Committee to address complaints of sexual harassment.
• Anti-Sexual Harassment Policy: Organizations must draft and implement a clear policy aligned with the POSH guidelines.
• Awareness and Training: Regular training sessions and workshops must be conducted for employees and IC members to ensure everyone understands their rights, responsibilities, and the procedures for reporting complaints.

Consequences of Non-Compliance

Failing to comply with the provisions of the POSH Act can lead to serious legal and reputational risks. Here are the potential consequences:

1. Financial Penalties:
• Non-compliance can result in fines of up to ₹50,000.
• Repeated violations may attract higher penalties or even cancellation of the business license.
2. Reputation Damage:
• Non-compliance can tarnish the organization's image, leading to a loss of employee trust and customer confidence.
• Negative publicity can deter prospective employees and business partners.
3. Legal Implications:
• In the absence of an Internal Committee, employees can directly approach the Local Committee (LC), triggering external investigations.
• This can lead to prolonged legal battles, increasing costs and affecting workplace morale.

Importance of POSH Training

Training and awareness programs are vital components of POSH compliance. Here’s why:

1. Promoting Awareness:
• Employees become aware of their rights and the behaviors that constitute harassment.
• Management learns about their responsibilities in ensuring a safe workplace.
2. Empowering the Internal Committee (IC):
• IC members are trained on the correct procedures for handling complaints, conducting investigations, and resolving issues fairly and sensitively.
3. Preventing Harassment:
• Training fosters a culture of mutual respect and inclusivity, reducing the likelihood of harassment incidents.
• Employees are encouraged to speak up, knowing their concerns will be addressed appropriately.

Steps to Ensure POSH Compliance

To ensure compliance with the POSH Act, organizations should take the following steps:

1. Establish an Internal Committee (IC):
• Form a committee with at least one external member experienced in dealing with sexual harassment cases.
2. Draft a Comprehensive Policy:
• Develop an anti-sexual harassment policy and communicate it clearly to all employees.
3. Conduct Regular Training:
• Organize POSH awareness programs and workshops for employees and management.
• Provide specialized training for IC members on complaint redressal mechanisms.
4. Create Awareness:
• Display information about POSH compliance and reporting mechanisms at the workplace.
5. Review and Update Policies:
• Periodically review the anti-harassment policy and training programs to ensure alignment with the latest legal guidelines.

Conclusion

POSH compliance is not just about adhering to legal mandates; it’s about creating a workplace where employees feel safe, valued, and respected. Organizations that prioritize compliance and training demonstrate their commitment to employee welfare and set a benchmark for ethical and inclusive practices.

Take proactive steps today to ensure POSH compliance in your organization. Remember, a safe workplace is a productive workplace!

 Author:.
CS Ashwini Gupta
+91 8600629115