Features of POSH Act 2013

- POSH (Prevention of Sexual Harassment) Act applies to workplaces with more than 10 employees

- ICCs (Internal Complaints Committees) must be set up to investigate sexual harassment complaints

- Employers must ensure a safe and secure working environment for women, including CCTV cameras, security guards, and anti-harassment policies

- Employees can file a complaint with the ICC or directly with the police

- Employers who violate the POSH Act can be fined up to ₹50,000.

PREPARE TO DOCUMENT A POSH COMPLAINT

Pre-recording a complaint about harassment in the workplace, known as a POSH complaint, involves writing down the details of the employee's experience. This can be done through diary entries, emails, or other written documents.

There are several benefits to documenting a POSH complaint. It provides a record of the events, which can serve as evidence if the matter goes to court. It also places responsibility on the company to take action against the harasser and create a safe working environment for all employees.

When pre-recording a POSH complaint, it is crucial to include important information such as dates, times, names, and locations. Any witnesses should also be identified. The account should be concise and easy to understand.

Who is Eligible to File a Complaint under the POSH Act 2013?

Under the POSH Act 2013, it is mandatory for organisations with more than 10 employees to comply with the provisions of the Act. In addition, organisations with less than 10 employees may voluntarily adopt the POSH Act.

Failure to comply with the provisions of this Act may result in penalties under the Indian Penal Code and other laws. It is the responsibility of organisations to create a safe and secure working environment for women employees by preventing and addressing sexual harassment in the workplace.

Adopting the POSH Compliance Act requires setting up an Internal Complaints Committee (ICC) that must be headed by a woman employee and has at least 50% women members.

COMPANY'S POSH COMPLIANCE IN INDIA: ESSENTIAL STEPS TO FOLLOW

In accordance with the POSH Act, all companies are mandatory to take the following necessary measures:

1. Establish an Internal Complaints Committee (ICC): The POSH Act mandates that every company with more than 10 employees must set up an ICC. The ICC should consist of a minimum of 4 members, including a senior-level employee as the Presiding Officer. It is also required that at least 50% of the ICC members are women.

2. Display sexual harassment policy notice: Companies are required to prominently display a notice regarding their sexual harassment policy at the workplace. This notice should include the names and contact details of the ICC members.

3. Conduct awareness programs: Regular awareness programs on sexual harassment and the procedures for filing complaints under the POSH Act should be conducted for all employees.

4. Promptly investigate complaints: All complaints received by the ICC must be promptly investigated, and appropriate action must be taken against the offender if found guilty.

Potent Impact of the POSH Act of 2013

·        The introduction of the POSH Act in 2013 has brought about a significant positive impact on workplaces in India, particularly for women. This legislation has successfully increased awareness about sexual harassment and established a legal framework to effectively address this issue.

·        The Act has empowered women by eliminating fears of potential backlash when reporting incidents of sexual harassment, and also holds employers responsible for ensuring a safe and fair working environment.

·        The creation of Internal Complaints Committees (ICCs) has provided a proper channel for women to seek redress and a fair process for handling complaints. All in all, the POSH Act has played a key role in promoting gender sensitivity and equality in the Indian workplace.

POSH compliance Policy

POSH compliance policies are becoming more popular amongst organisations as they aim to prevent and address sexual harassment in the workplace.

These policies are comprehensive documents outlining the organisation's stance on sexual harassment, the procedures for reporting and investigating claims, and mechanisms for supporting individuals who have experienced sexual harassment.

Employees must be familiar with their organisation's policy and know the procedures for making a report if they experience or witness sexual harassment in the workplace. Organisations have specific steps and procedures for reporting incidents outlined in their policies.

Organisations must have a POSH policy in place to create a safe and respectful working environment for everyone. The policy ensures that any complaints of sexual harassment are investigated, and appropriate disciplinary action is taken against the perpetrator if found guilty.

The victim of sexual harassment will be provided with support and counselling if required. It's important to refer to the organisation's POSH policy for guidance if unsure about how to handle a situation involving sexual harassment. Taxapillar helps businesses meet their obligations under the POSH Act and create a secure environment for employees.

 Compliance Checklist for POSH

It is important that the following actions are taken to ensure compliance with POSH regulations:

- Communicate government rules and regulations related to POSH compliance in a clear and detailed manner to all employees.

- Form a committee dedicated to addressing issues of sexual harassment, with a focus on protecting victims and preventing future occurrences.

- Assign a committed officer to oversee the organization's adherence to all prevention policies established by the Ministry of Women and Child Development.

- Thoroughly investigate all complaints of sexual harassment and provide a swift and effective response.

- Maintain records of all meetings related to POSH compliance and provide comprehensive meeting minutes.

- Raise awareness about legal implications of sexual harassment and penalties

- Encourage employees to speak up about their experiences without fear

- Establish a grievance redressal system

- Implement basic standards for handling cases of sexual harassment in the workplace

- Monitor compliance to ensure effective implementation of POSH regulations.

POSH Compliance Annual Report

·        According to recent data, the number of organizations with a POSH policy in place has risen to 89%, a noticeable increase from last year's 80%.

·        Additionally, 72% of organizations have now established an Internal Complaints Committee (ICC) as mandated by law, which is a significant jump from last year's 54%.

·        Moreover, employee awareness of the POSH policy has also seen an improvement, with 58% of employees being aware of it compared to 50% last year.

·        Furthermore, the percentage of employees who feel comfortable reporting instances of sexual harassment has increased to 41% from 33% last year.

Mitigation of Sexual Misconduct

The POSH Act of 2013 aims to provide a safe work environment for all women by enforcing Sexual Harassment Laws. These laws apply to all employees regardless of gender and age. The company's POSH policy provides protection to female employees, including transportation and requires an Internal Complaints Committee (ICC) to handle any claims of sexual harassment.

The main objective is to ensure a safe and secure workplace for female employees. POSH compliance applies to all Indian organizations with at least 10 employees. Employers have a duty to ensure a safe workplace free of sexual harassment and must establish an Internal Complaints Committee (ICC) to address complaints. Employees can report harassment orally or in writing, and the ICC is responsible for investigating and taking action against perpetrators.

The ICC investigates complaints of sexual harassment and takes appropriate action against the perpetrator such as warnings, suspension, and even termination. The victim is protected from further harassment or retaliation and may be relocated to another department or location.