Sexual harassment in the workplace is a serious issue that can have devastating consequences for employees and businesses alike. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") provides a legal framework to protect employees and outlines the responsibilities of employers in preventing and addressing workplace harassment. As a business owner, it is crucial to understand your obligations under the POSH Act and proactively create a safe and respectful workplace for all employees.
Key Provisions of the POSH Act
Definition of Sexual Harassment: The POSH Act defines sexual harassment broadly, encompassing a wide range of unwelcome sexual behavior, including verbal, physical, and visual conduct.
Internal Complaints Committee (ICC): Every employer with 10 or more employees must constitute an ICC to receive and investigate complaints of sexual harassment.
Timely Complaint Resolution: The ICC is mandated to complete its inquiry within 90 days of receiving a complaint.
Confidentiality: Strict confidentiality must be maintained throughout the inquiry process.
Remedial Action: The ICC can recommend a range of actions, including disciplinary action against the perpetrator, transfer, or counseling.
Employer's Responsibilities: Employers must create a safe work environment, provide awareness training, and ensure that complaints are dealt with promptly and fairly.
Employer Obligations under the POSH Act
Establish a POSH Policy: A comprehensive policy must outline the definition of sexual harassment, procedures for filing complaints, the inquiry process, and consequences for violations.
Constitute an Internal Complaints Committee (ICC): The ICC should be comprised of at least four members, including an external member from an NGO or association committed to women's causes.
Display the POSH Policy: The policy should be prominently displayed in the workplace and communicated to all employees.
Organize Awareness Programs: Conduct regular workshops and training sessions to sensitize employees about sexual harassment and the complaint mechanisms.
Provide a Safe Working Environment: Take preventive measures such as installing CCTV cameras, providing secure transportation options, and addressing any complaints of sexual harassment promptly.
Maintain Records: Maintain records of complaints, inquiries, and actions taken, as required by the Act.
Consequences of Non-Compliance
Failure to comply with the POSH Act can lead to penalties of up to ₹50,000 for employers. Repeated non-compliance can result in higher fines and even cancellation of business licenses.
Key Takeaways
Sexual harassment is a serious offense with legal consequences.
Employers have a legal obligation to prevent and address workplace harassment.
Creating a safe and respectful work environment is crucial for the well-being of employees and the overall success of the business.
Don't wait for a crisis to happen. Ensure your workplace is safe, compliant, and respectful for all employees. Contact PCA & Co. today to discuss how our expertise in developing and implementing POSH policies, conducting training sessions, and build a harassment-free workplace.
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