Posh Framework
The Prevention of Sexual Harassment (POSH) Act goes beyond mere compliance for organizations; it's about fostering a respectful and supportive workplace culture. Ensuring compliance with POSH guidelines means safeguarding the organization against legal liabilities and reputational risks that can arise from ignorance or negligence. It requires a deep understanding of what constitutes harassment, proactive measures to prevent it, and swift action when incidents occur.
Definition of Sexual Harassment
The Act defines sexual harassment broadly, including unwelcome sexually determined behavior (physical, verbal, non-verbal) that affects a person's dignity or creates a hostile work environment.
Applicability
The Act applies to all workplaces, including government, private, and non-governmental organizations. It covers all women, irrespective of their age or employment status (permanent, temporary, contract, etc.).
Internal Complaints Committee
Every organization with 10 or more employees must set up an Internal Complaints Committee (ICC) to address complaints of sexual harassment. The ICC should include a presiding officer who is a woman, and at least half of its members should be women. Additionally, one external member who is a POSH expert should be included in the ICC to avoid internal biases and potential litigation due to non-compliance.
Duties of Employers
Employers are required to provide a safe working environment for women and display the provisions of the Act prominently. They must also organize workshops and awareness programs to educate employees about the Act.
Penalties for Non-compliance
Non-compliance with the Act, such as failure to constitute an ICC or failure to act on complaints, can lead to penalties, including fines and cancellation of business licenses.
Awareness and Training
The Act emphasizes the importance of awareness and training programs on preventing sexual harassment. It mandates that employers organize regular workshops for employees to understand the provisions of the Act.
Annual Report
Employers are required to submit an annual report to the government detailing the complaints received and actions taken under the Act.
Prohibition of Victimization
The Act prohibits victimization of the complainant and ensures that she is not subjected to any disadvantageous treatment because of filing a complaint.
Obligation to Assist
The Act requires all employers to assist the complainant in seeking redressal under the provisions of the Act.
Complaints Mechanism
The Act lays down a detailed procedure for filing complaints, which ensures confidentiality and prohibits retaliation against the complainant. It also outlines time-bound investigation and action by the ICC.
