Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"). The POSH Act was introduced in 2013 after the landmark judgement "Vishaka V. State of Rajasthan" by the Hon'ble Apex Court of India. The Act has laid down guidelines and rules to address various issues and challenges pertaining to sexual harassment at the workplace.
The Act was introduced not only to prohibit sexual harassment at the workplace but also for its prevention and proper redressal of instances of sexual harassment.
In the fast-paced professional workplace, ensuring a respectful and safe work environment is more than a mere legal obligation and is essential to foster a positive work culture. Compliance with the Act ensures protection against any harassment and plays a vital role in transforming the workplace into a safer environment.
POSH Compliance from the perspective of the Employer
The Act mandates all workplaces/ organizations with more than 10 employees to ensure implementation of policies and procedures that promote prevention, resolution and acknowledgement of sexual harassment within the organization.
Compliance of the Act would include proactive measures in combating sexual harassment in the workplace including formulating an Internal Committee which would ensure regular sensitization and training to ensure awareness regarding the Act and company policy on POSH.
The Role of the Internal Committee is to ensure prevention, prohibition and redressal of sexual harassment instances. Additionally, workplaces are mandated to submit a compliance report annually to the District Officer with details of the complaints received along with the companies' efforts to provide support and resolution in the matter.
Employer under the POSH Act
Under law, an Employer would be deemed as any person/ organization/ company responsible for the supervision, management and control of the workplace. Management in this context would include any person and/ or board and/or committee responsible for the administration and formulation of policies in the workplace.
Duties of the Employer
As an Employer, it is vital to understand the duties and obligations attached with the compliance of the Act in place specifically designed for ensuring safety in the workplace.
1. Establishing an Internal Committee (IC)
Under the Act it is absolutely essential to have an Internal Committee in every office of the organization and/or administrative unit with more than 10 Employees.
The constituted IC should be posted on a conspicuous area or the noticeboard along with the member list and contact information to ensure accessibility to the members.
The IC acts as an independent body from the Employer and possesses powers similar to the civil court.
1.1. Constitution of the Internal Committee
Minimum Strength of the Committee would be Four (4) members, with 50% of the members being female constituting of:
- Presiding officer, a senior level, female employee.
- Other members would include two employees of the organization who are committed to the cause of women and/or have experience in social work and/or possess legal knowledge of women's rights.
- External Member, who shall belong to a non-governmental
organization and/ or committed to the cause of women and/ or
familiar with dealing with issues pertaining to sexual harassment.
- The IC members can hold the position on the committee for a period of 3 (three) years. Role of the Internal Committee:
1.2. Role of the Internal Committee:
- Education and awareness: The role of the IC is not only to address complaints as and when harassment comes to light but also ensure prevention of such instances by providing education and awareness in order to foster a culture of respect in the workplace.
- Complaint Handling: The IC is a designated body for receiving and redressal of complaint of sexual harassment.
- Investigation: The IC is empowered with investigative powers, to conduct an impartial investigation into the allegations of sexual harassment ensuring a fair process for all parties involved.
- Recommendations: Based on the investigation and hearings conducted by the Internal Committee whilst adhering to the various timelines for the same, the Internal Committee makes recommendations to the employer to take appropriate disciplinary, restorative measures and/or any other necessary steps including initiating an inquiry into the complainant in case the complaint is found to be false and mischievous.
- Policy implementation and Monitoring: The Internal Committee is responsible for ensuring that the POSH policy is implemented effectively and monitors the effectiveness of the policy.
- Annual Reporting: The Internal Committee is mandated by law to submit an annual report to the employer with details of the complaints filed, resolved and of the training sessions conducted.
2. Safe Environment: Provide a safe environment at the workplace to each employee, including safety from people the employee comes into contact at the workplace.
3. POSH Policy: Formulating and implementing an anti-sexual harassment policy in compliance with the POSH Act and Rules.
4. Access to the Internal Committee: Display names and contact details of POSH committee members on the notice board for awareness and ease of accessibility.
5. Awareness: Organization of awareness workshops, campaigns and/or sensitization programs for the employees.
6. Assistance to the Internal Committee: Facilitate and provide assistance/support to the POSH Internal Committee to conduct an unbiased inquiry into each complaint raised by the employees.
7. Assistance to the Employees: Provide necessary assistance and support to the aggrieved employee, who wishes to escalate the harassment complaint under the Bharatiya Nyaya Sanhita (BNS) and/or any other applicable law.
8. Confidentiality: Ensure confidentiality, privacy and sensitivity in the handling of a harassment complaint, to invoke trust and reassurance to the aggrieved employee.
9. Action/Penalty: Take appropriate serious action against the wrong doer after due investigation is concluded. If the complaint is found to be accurate, disciplinary action should be initiated against the harasser, which can include, termination, suspension and/or other suitable penalty in line with the seriousness of the situation. In cases wherein the complaint is found mischievous and/or untrue, harsh penalty should taken against the employee making the false complaint.
Penalties for Non-Compliance
Under the POSH Act 2013, the company/ organization/ employer with more than 10 employees in the office is mandated to formulate such an Internal Committee for redressal of complaints. Failure to comply with such direction may lead to a fine of up to Rs. 50,000 on the Employer.
Conclusion
Creating a respectful and safe environment at the workplace is not merely a legal requirement but also a moral obligation towards the employees of the organization. By fulfilling and understanding the duties under the POSH Act and Rules 2013, the employers can contribute to a culture in the workplace that values the well-being and dignity of every employee. Prevention is better than cure and taking a proactive approach to prevent episodes of sexual harassment would not only foster safety of the employees but provide a healthy workplace environment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
