ROLE AND RESPONSIBILITIES OF EMPLOYER IN POSH

ABSTRACT

The motto of equality of all and equal opportunity at workplace is enshrined in our constitution in the form of fundamental rights under article 14 and 15. But incidents of sexual harassment in the working sector hamper the rights of women in India. The Prevention of Sexual Harassment at workplace Act of 2013? helps in eradicating such discrepancies from our society .In this article we will basically deal with the provisions of POSH Act , its evolution with special reference to roles and responsibilities of employer under POSH ,the problems and issues arising out of it and what can be the way forward for better implementation of the act .We will also learn about the working of Internal Complaint Committee .????

INTRODUCTION

In India women not just represent a part of our population but are? almost? half? of? the? total? population? according to 2011 censes. Yet their representation in the workforce is very less. This can be due to various reasons such as lack of educational and job opportunities due to patriarchal society or due to social stigma attached with working of a woman or else due to family based duties related to womanhood .But one of the most important reason for non-equal participation of women in our working sector can be its environment. Many times incidents of sexual harassment at workplace faced by women just make it difficult to work outside for the opposite gender. Sexually colored activities not only hamper their productivity but also hamper their mental health.

The prevention of incidents of sexual harassment at workplace both in formal and informal sector is important for economic growth and development of our country. For this very purpose the government in 2013 has enacted an act called Prevention (Prevention, Protection and Redressal) of Sexual Harassment at Workplace Act 2013. In the prevention of sexual harassment at workplace the employer has a special responsibility in creating a friendly working environment for the female population employed in his institution.

What is POSH?

POSH stands for Prevention of Sexual Harassment officially known as Sexual Harassment of women? at? Workplace (Prevention, Prohibition and Redressal) Act ,2013 . The act aims to protect women from any kind sexual harassment at workplace and also secures creation of a safe and conducive environment for women to work outside. Sexual harassment under this act can be any unwelcome act in the form of physical contact and sexual advances, any sort of demand for sexual favours, making of sexually coloured remarks or showing pornographic content . The harassment can take place in both verbal and non-verbal form .POSH act not only includes a woman working in that particular workplace but it includes all those women of any age despite of her employment status who has been subject to sexual harassment at that particular workplace.

Background of POSH Act?

While the need to? protect the rights of a woman was recognized internationally in the form of various conventions such as Convention on Elimination of All Forms of Discrimination against Women (CEDAW) which? aims to create an environment based on equality at workplace for women and curb all gender based violence against women in the world .The International Labour Convention on Discrimination(Employment and Occupation aims to prevent any kind of gender based discrimination at workplace.

In India the need for POSH act was realized much lately in the 1990s after the incident of Bhanwari Devi? a social worker of Rajasthan was gang raped for preventing child marriage of a one year old girl. Later in the landmark case of Vishakha v. State of Rajasthan ; of 1997 the Supreme Court issued guidelines for the prevention of sexual harassment at workplace. The Vishakha guidelines gave a framework for the formation of POSH Act.

Role and Responsibility of Employer in POSH

It is the primary duty of the employer to create a safe and respectful environment for all the employees working in his organization .Under the POSH Act 2013 it is the duty of the employer to ensure effective implementation of this act , for this employer performs certain roles they are as follows:-

1. Formation of Internal Complaint Committee –? It becomes the responsibility of the employer to establish a Internal Complaint Committee? in his organization. It is mandatory to establish a Internal Complaint Committee in every institution and its subsequent branches weather formal or informal having more than 10 employees. The Internal Complaint Committee consists of 4 members consisting of at least two women members and one member working in any association or organization that works in women specific area.
2. Must Publish a policy on POSH – Every organization having an employee strength of more than 10 must publish a policy related to POSH that is drafted by an experienced advocate in the language the employees can best understand .The policy must display clearly names of all members of Internal Complaints Committee and terms and condition of policy should be clearly understandable by all.
3. Spread Awareness about POSH – The employers can make aware their employees through seminars and workshops about the Prevention of Sexual Harassment at workplace. They must make their women employees aware and informed about their rights under the POSH act. Not only women should be informed about their rights the awareness programs must create a sense of duty to each and every working member of the office must create a friendly environment for the opposite gender to work for.
4. Making a Annual Report – The employer must ensure that a annual report is prepared containing every matter of POSH and must be submitted to Registrar of Companies in case of company and to Registrar of Society or Charity Commissioner in case of societies and trusts.
5. Creating an environment which makes reporting of Harassment easy –It is an essential duty of the employer to make sure that the organization must aid the women in seeking remedies and taking legal actions if she wants to do so. The employer must create a easy process for filing of complaint in sexual harassment cases and create an environment where reporting of an incident does not became mental burden on her.
6. Handle cases with internal enquiry and confidentiality – It must be taken care that the identity of the complainant is kept confidential throughout the investigation process. The employer must ensure that the internal enquiry must take place in an unbiased manner where both the complainant and respondent have right to present their stand and the matter should be addressed in a stipulated time frame.
7. Awareness regarding Consequences of Harassment – The employer must make his employees aware of the consequences of the act of sexual harassment at workplace in order to prevent such future instances.
8. Developing skills of the members of Internal Complaint Committee – It is the obligation of the employer to provide the committee enough opportunities to develop their skill-set so that they can address the issues related to harassment in a better way. This can be done in the form of conducting workshop, seminars, awareness programs etc.

Challenges and issues faced by an Employer in implementing POSH Policy

POSH has always been challenging in sense when it comes to implementation. There are several challenges that is faced by an employer when it comes to POSH policy. Employers play a crucial role in fostering a culture of respect, equality and safety within the workplace but in this process their comes certain challenges in their way. They are as follows:-?

1. Facing Productivity Loss -When the instances of sexual harassment are not addressed properly the productivity of the victim is hampered which can be a loss for the employer.
2. Difficulty in implementation of POSH Policy –In today’s fast moving world when the companies are profit oriented the employers find it difficult to give time and resources in implementation of an effective POSH policy. The legal technicalities associated with this act also make it implementation difficult.
3. Lack of Confidence in Redressal Mechanism- Employers sometimes fail to build confidence of employees in the redressal mechanism which leads to underreporting of harassment cases.
4. Lack of Awareness- Inadequate awareness and understanding of POSH policies among employees leading to a lack of preventive measures.
5. Difficulty to make an expert committee of Internal Complaint Committee- ?There is no one to claim expertise in the field of Internal Complaint Committee and employers find it difficult to make an committee which is able to redress the problem in a better way.

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?The Way Forward

After almost 13 years since the POSH act came in force but still there are a lot of loopholes in this act which can be improved with time and effort of government , employers, employees and women. Employers must ensure that role of power dynamics should not hamper the safety of women and lead to underreporting of harassment cases. As an institution we require a transparent setup and strict consequences for perpetrators in order to reduce matters arising out of harassment and to ensure a effective POSH policy. In order to effectively implement POSH policy we require a strengthened redressal mechanism which can be achieved through workshops, training sessions and dissemination of informative material.

Conclusion?

In order to make a workplace harassment free an organization should adopt a zero tolerance policy towards POSH policies. The employer should try to create a environment of open communication and friendly work environment in offices and branches in order to reduce underreporting of harassment cases. POSH policies need to enhanced in terms of gender neutrality and technology aspect for a futuristic approach.

Frequently Asked Questions

1. What is the full form of POSH ?

POSH stands for Prevention of Sexual Harassment at Workplace.

1. What do you mean by employer ?

An employer is an authority who employs and pays for their labour.

1. What does ICC stands for in POSH Act ?

ICC stands for Internal Complaints Committee.

1. When was the POSH act enacted ?

The POSH act was enacted on 9th December 2013.

1. What is sexual harassment at workplace?

Any unwelcome physical, verbal or non –verbal conduct of sexual nature constitutes sexual harassment at workplace.

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