PoSH Act & Compliance for Indian Companies
POSH Act 2013 Compliance Consultant & Lawyer in Delhi NCR, India
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the POSH Act, is a crucial law passed in India to safeguard women from sexual harassment in their workplace. The Act aims to ensure that women feel safe and secure at work and have a mechanism to report incidents of sexual harassment without fear of retaliation. It refers to a set of guidelines, policies, and laws designed to prevent and address sexual harassment in the workplace. Sexual harassment can include unwanted sexual advances, requests for sexual favours, or other forms of verbal or physical conduct of a sexual nature. The Prevention of Sexual Harassment (PoSH) at Workplace Act of India mandates every organization to define their sexual harassment policies, prevention systems, procedures and service rules for its employees.
POSH Compliance India: The importance of POSH in the workplace is paramount as it helps to create a safe and comfortable work environment for everyone. When employers and employees know the rules and regulations regarding sexual harassment, they are better equipped to identify and prevent it. This can lead to higher job satisfaction, productivity, and a reduction in legal liability for employers.
Internal Complaints Committee (ICC)
One of the significant obligations placed on employers by the POSH Act is the need to establish an internal complaints committee (ICC) to address complaints of sexual harassment in the workplace. The ICC must have a female chairman holding a high position within the organization, at least half of its members must be female, and the committee must have an external representative from a non-governmental organization or association dedicated to female causes.
Employer Obligations
The POSH Act also mandates that employers educate their employees about the Act provisions, the rules and regulations under the Act, and the significance of sexual harassment prevention through workshops and awareness campaigns.
The Act further requires employers to submit an annual report outlining the quantity and type of complaints received, the measures taken, and the outcomes of the complaints. This annual report must be submitted to the respective notified District Officer, who is responsible for monitoring compliance under the POSH Act in the district.
Annual Report Filing Process
To file the annual report under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), employers must follow the below steps:
1. Prepare the annual report
The annual report should include details such as the number of complaints received, the actions taken on them, and the status of their disposal. It should also include information about the workshops and awareness programs conducted for employees, as well as any other relevant information as per the Act and rules.
2. Submit the annual report to the respective District Officer
The annual report should be submitted to the respective notified District Officer, who is responsible for monitoring compliance under the POSH Act in the district.
3. Maintain records
Employers should keep records of the annual report and all related documents, as they may be required to produce them during inspections or in case of any legal proceedings.
Importance of Compliance with the POSH Act
It is vital that employers earnestly implement a strong system for the prevention, prohibition, and redressal of sexual harassment at work and comply with the POSH Act requirements. This can include constituting a well-structured ICC, conducting frequent seminars and awareness campaigns, and timely and accurate submission of annual reports.
Employers should also strive to promote gender equality in the workplace and foster an environment of safety and respect for all employees. Employees should be encouraged to report incidents of sexual harassment without fear of retaliation and should be assured that their complaints will be taken seriously and handled confidentially.
