What are employers responsibilities under PoSH? Show drafts

Employers have several key responsibilities under the POSH (Prevention of Sexual Harassment) Act, 2013, to ensure a safe working environment for all employees. Here's a breakdown of some crucial employer duties:

• Proactive Measures

• Policy Development and Dissemination: The Policy should define sexual harassment, outline the complaint process, and specify the composition and functioning of the Internal Complaints Committee (ICC). The policy should be widely disseminated to all employees in a language they understand.
• Internal Complaints Committee (ICC): Establish an ICC to investigate complaints of sexual harassment. The ICC should comprise at least 50% women and include an external member from an NGO or other relevant organization. Employers must organize orientation programs for ICC members to equip them with the necessary skills to handle complaints effectively.
• Awareness and Training Programs: Employers are obligated to conduct regular awareness and training programs for all employees, including managers and supervisors. These programs should educate employees about their rights and responsibilities under the POSH Act, different forms of sexual harassment, and the complaint redressal process.

Responsive Measures

• Complaint Redressal: Employers must have a robust system for receiving and investigating complaints of sexual harassment. This includes providing designated complaint boxes or online mechanisms for reporting. Upon receiving a complaint, the ICC must conduct a fair and impartial inquiry within a stipulated timeframe.
• Taking Action: Based on the inquiry findings, employers are responsible for taking appropriate disciplinary action against the accused employee, which may include termination of employment.
• Confidentiality: Employers are obligated to maintain confidentiality throughout the complaint process to protect the identities of both the complainant and the accused.

Supportive Environment

• Preventive Workplace Culture: Employers should strive to create a work environment free from sexual harassment. This can involve promoting respectful behavior, taking prompt action on any reported incidents, and fostering open communication channels for employees to raise concerns.
• Protection from Retaliation: The POSH Act protects employees from retaliation for filing a complaint or participating in an inquiry. Employers must have measures in place to prevent any form of retaliation against employees who exercise their rights under the Act.

By fulfilling these responsibilities, employers can demonstrate their commitment to preventing sexual harassment and fostering a safe and respectful work environment for all.