What is the POSH ACT?
To promote inclusivity and awareness in the workplace there is one important piece of law designed to protect women's safety and dignity in the workplace. It is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also referred to as the POSH Act. Not only is adherence to this conduct required by law, but it is also morally required. Furthermore, firms are subject to particular requirements under the Firms Act of 2013 about disclosing the composition of internal complaints committees and the complaints that are resolved. The goal of this law is to make the workplace a safer and more respectful place for everyone by outlawing any kind of mistreatment of women. We will simplify the main points of the POSH Act in this post so that everyone may comprehend it.
Applicability of POSH Act
It covers all workplaces, including public and private sector institutions, hospitals, non-governmental organizations, places visited while working (including transportation provided by the employer), and even homes.
Directions issued by the Supreme Court
The appropriate government should notify District Officers in each district to carry out their duties under the POSH Act.
Creating an Internal Complaints Committee (ICC) within district organizations is one of the responsibilities of district officers.
Every employer is required by Section 4 of the POSH Act to establish an ICC, which accepts complaints, conducts investigations, and makes recommendations.
Form the 'Local Committee' by POSH Act Section 6.
The Local Committee accepts sexual harassment complaints from businesses where the Internal Complaints Committee has not been established because there are fewer than ten employees or if the complaint is directed at the employer.
Each area in urban or rural areas should have a designated Nodal Officer.
The local committee's jurisdiction encompasses the relevant district.
Every state should consider setting up a SHeBox where people can file complaints.
The Sexual Harassment Electronic Box (SHe-Box) seeks to give all women access to a single window so that sexual harassment complaints may be registered more easily.
Constituting an Internal Complaints Committee
Every employer is required by the POSH Act to establish an Internal Complaints Committee (ICC) to handle sexual harassment complaints.
The following people ought to be on the ICC:
A senior female employee of the company serves as the presiding officer.
Two Internal Members: At least two employees of the company, ideally those with legal expertise, social work experience, or a dedication to women's issues.
One External Member: A representative of a non-governmental organization or association that works to promote women's welfare.
Duties: The ICC must receive, investigate, and resolve sexual harassment allegations. It guarantees an impartial and equitable investigation of every issue.
Timeliness: The ICC must follow the deadlines outlined in the POSH Act and conduct its proceedings promptly.
How a POSH policy is formulated?
Establishing a thorough Prevention of Sexual Harassment (POSH) policy is mandatory for organizations. This policy is the cornerstone for establishing a courteous and safe workplace. Important elements of the policy consist of:
Goal and Purpose: Preventing and addressing sexual harassment in the workplace should be the policy's stated goal. Define who is covered by the policy (e.g., interns, contractors, and employees) and where it is applicable inside the company.
Give a clear: Definition of sexual harassment so that all staff members are aware of what it is. Clearly state the obligations of each party participating in the complaint procedure, including witnesses, alleged offenders, and complainants.
Procedures: Outline the steps involved in submitting complaints, carrying out inquiries, and sharing results, as well as the deadlines involved.
Disciplinary Measures: Outline the possible sanctions and disciplinary measures for violators. Appeal Procedure: Describe the procedures that both complainants and responders must follow to file an appeal. Program for Compensation: Provide for the payment of compensation to victims of sexual harassment. Privacy Clause: To protect the case confidentially, make sure a privacy clause is included.
POSH ACT COMPLIANCE UNDER COMPANIES ACT
• Disclosure in the Report of Directors Companies must provide a statement in their directors' report attesting to conformity with the POSH Act's regulations regarding the establishment of internal complaints committees, as required by Rule 8 of the Companies (Accounts) Rules, 2014. The Companies Act of 2013 stipulates that failure to provide this information may result in penalties.
• Penalties for Failure to Comply:
1. The POSH Act's penalties: The POSH Act outlines several sanctions for noncompliance.
2. Inability to Establish ICC: A punishment of up to Rs. 50,000 could be imposed on employers who neglect to set up an internal complaints committee.
3. Failure to adhere to the ICC's recommendations: Employers may be subject to fines if they disregard the Internal Complaints Committee's recommendations.
4. Failure to File Annual Report: Penalties may result from failing to submit an annual report to the district officer as mandated by the POSH Act.
5. Violation of Act or Regulations: There are consequences for any attempt to violate the POSH Act's provisions or its regulations.
• Repeat Violations of the POSH Act – An employer may be subject to harsher penalties—possibly twice the punishment given during the initial conviction—if they are found guilty of the same act again after being previously found guilty under the POSH Act.
• License or Registration Cancellation – The POSH Act allows for the termination of an employer's license, withdrawal, non-renewal, or cancellation of registration necessary for conducting their company or activity, in addition to fines and penalties.
Conclusion
The motive to implement a law is not just to enforce new regulations but also to promote the principles of equity and fairness. POSH Act and related laws must not be followed only with the intent to enforce government obligations. But it should be implemented to establish a workplace that is courteous and safe for all workers, especially women. To enforce these guidelines efficiently, the assistance of an experienced legal team can also be sought.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, in summary, is an important step in protecting women's safety and dignity at work. Organizations can establish a courteous, encouraging, and harassment-free workplace by adhering to its rules.
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