Understanding compliance under POSH Act 2013: Ensuring Safe Workplaces

Struggling to understand what are the minimum compliance requirements when it comes to The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013? Here's a quick guide to help you understand if your organisation is POSH compliant.

1. Policy Development:

Employers are mandated to create a comprehensive policy addressing sexual harassment prevention. This policy outlines the procedures for filing complaints, the roles of the Internal Complaints Committee (ICC), and penalties for non-compliance.

2. Formation of Internal Complaints Committee (ICC):

• Composition: ICCs, mandatory for workplaces with ten or more employees, are responsible for handling complaints and ensuring a safe work environment.
• Responsibilities: Addressing complaints impartially, ensuring confidentiality, and taking appropriate actions against the harasser.

3. Awareness and Sensitization Programs:

• Regular POSH trainings educate employees about sexual harassment prevention, their rights, and the complaint redressal process.
• Workshops and sensitization sessions foster a culture of respect, awareness, and understanding among employees.

4. Display of Notices:

• Employers must prominently display information about POSH Act provisions, ICC members' details, and consequences of sexual harassment.
• Notices serve as a constant reminder, encouraging employees to report incidents without fear.

5. Effective Complaint Redressal Mechanism:

• Confidentiality: Ensures the privacy of the parties, encouraging them to come forward without fear of retaliation.
• Support: Experienced external member on the committee provides necessary support to ensure a proper investigation process.
• Fair Inquiry: Conducts unbiased investigations respecting the rights of both parties involved.
• Disciplinary Action: Imposes appropriate disciplinary actions against the harasser, fostering a zero-tolerance environment.

6. Annual Reporting:

• Employers are required to submit yearly reports detailing received complaints, actions taken, and measures implemented.
• Reporting promotes transparency, indicating the organization's commitment to compliance and ensuring accountability.

7. Additional Compliance:

Depending on the organization's size and nature, there might be additional requirements. Seeking legal advice and consulting relevant POSH law experts helps ensure full compliance with the POSH Act.

Conclusion:

Understanding and adhering to the POSH Act's provisions are essential for creating workplaces where everyone feels safe, respected, and empowered. By educating employees and implementing these measures, organizations contribute significantly to a positive, harassment-free work environment.