POSH Compliance

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POSH Compliance: Key Practices for Indian Workplaces

Updated on November 11, 2024 07:54:13 AM

The POSH Act of 2013 was landmark legislation in India. It sought to ensure a safe and dignified work environment for women. Enacted in response to growing concerns over workplace harassment, the POSH Act imposes legal obligations on organizations to create a harassment-free workplace. POSH compliance is not just about fulfilling legal mandates. It is a crucial step toward equality, respect, and professionalism in the workplace.

The POSH Act finds its roots in the Vishaka Guidelines that were drafted by the Supreme Court of India in the year 1997 in response to the case of Vishaka vs. the State of Rajasthan. These guidelines proposed the formation of a legal structure to deal with workplace sexual harassment; consequently, the POSH Act was formed in 2013. The act covers a broad range of workplaces, from private and public sector firms to government institutions, NGOs, and even informal sector organizations.

The POSH Compliance in India has been a critical legal framework set up to help make sure that they have safe harassment-free workplaces. The POSH Act 2013 makes all the provisions that constitute an essential requirement for organizations having more than 10 employees to come up with mechanisms that prevent and address sexual harassment.

What is POSH Compliance?

POSH Compliance in India is the most critical legal framework that ensures a workplace safe, and free from harassment. The POSH Act of 2013 mandated that all organizations employing more than 10 persons have appropriate measures against sexual harassment. This is an all-inclusive broad legislation, which ascribes strict compliance rules to ensure an inclusive and secure space for the employee. There is also a provision for the role of the Internal Committee (IC), reporting structure, and training as a measure to prevent workplace harassment where employers attend to the rules diligently.

POSH compliance means that an organization fulfills all the requirements made under the Prevention of Sexual Harassment Act, 2013, in India. Such a law forces an organization to have proper policies and procedures that can avoid sexual harassment at work. POSH compliance has steps focused on giving an organization a safe working environment by setting up an Internal Committee and training employees with the appropriate reporting mechanisms.

What are the Key Components of POSH Compliance?

Implementing these components fosters a safer, respectful workplace and fulfills legal obligations under the POSH Act:

Formation of Internal Committee Under the POSH, an organization with 10 or more employees must establish an Internal committee to handle and redress complaints about sexual harassment at work.
- IC should consist of a presiding officer who shall be a senior female employee.
- At least two members of the workforce who had experience in social work or legal knowledge.
- External members have experience either with sexual harassment cases or NGO personnel working towards women's causes.
- Gender should be balanced in the composition of the IC and it should be impartial towards complaints.

POSH Policy Development In addition, every organization shall be mandated to have a well-written POSH policy in place. The POSH policy will ensure to clearly outline:
- The definitions of sexual harassment.
- The responsibilities of employers and employees.
- The process of lodging complaints.
- What the IC will do while investigating and resolving complaints.
- Possible consequences when an individual is found guilty of harassment.
- The POSH policy should be accessible to every employee and prominently displayed within the organization.

Employee Training and Awareness Programs A significant feature of the POSH Act is that it saddles an obligation on the organization to ensure that all employees working in the concern are well aware of their rights and obligations under the Act. Organizations are mandated to:
- Organize periodical training sessions on sexual harassment and the complaint procedure for employees.
- Conduct workshops and seminars to create awareness among the staff and IC members of the scope of the POSH Act and the redressal mechanism available.
- Work on the culture of zero tolerance for harassment with the support of senior leadership in initiatives.

Complaint and Redressal Process POSH compliance ensures that every complaint made of sexual harassment receives full attention with sensitivity, confidentiality, and immediacy. The IC investigates all complaints and takes suitable action as it deems appropriate:
- Complaint Process:
  Any aggrieved woman can submit a written complaint to the IC within three months of the incident.
  
  The IC must consider and take steps to carry out the investigation within 10 days from the date of the complaint.
- Investigation process:
  The IC carries out a deep-rooted investigation by consulting witnesses and gathering evidence confidentially
  
  The inquiry should be done within 90 days, and a report along with a recommendation shall be made to the employer for necessary action

Reporting and Documentation Every organization must draw up an annual report which shall be submitted to the district officer that is the District Magistrate as a measure of compliance. The report should include the following:
- No. Of complaints received.
- No. Of cases disposed of.
- Details of any disciplinary action taken.
- The IC is also supposed to register all cases, which include complaints, findings of an inquiry, and resolutions in strict confidence.

What are the Responsibilities of the Employee under POSH Compliance?

Their position is further put to various demands in terms of responsibility as far as observing and ensuring compliance with POSH within their organization. They include:

Establish and ensure the effective working of the IC fairly and efficiently.
Formulate, implement, and communicate the policy on POSH.
Develop sexual harassment awareness training programs and workshops.
Take action as deemed necessary by the recommendations of the IC
Not penalize or victimize any victim of sexual harassment for complaining.
Prepare and submit annual reports to concerned authorities.
Failure to adhere to the provisions of POSH attracts heavy penalties against the employers, with amounts as high as ₹50,000 being levied for fines, and even revocation of licenses in case of repeated violations.

What are the Challenges in POSH Compliance?

Although it is the requirement of law, several issues plague its effective implementation in an organization by the organizations. Some of the main issues are as follows:

Lack of Awareness: It happens that smaller organizations are not aware of their liabilities under the POSH Act. That causes them to be careless about it and provide less protection to the employees.
At times, employees are hesitant to report incidents of sexual harassment fearing that the complaint may retaliate against them or feel there is no point in raising the complaint.

Lack of Training: A policy is not a silver bullet. Organizations often do not provide proper training sessions and leave the employee clueless about his rights or the redressal mechanisms available to him.

Cultural Barriers: In some work environments, especially those that are in rural settings or traditional industries, cultural practices can dissuade women from reporting harassment, making effective enforcement under the Act more challenging.

Bias and incomplete investigations: The IC needs to be unbiased. Internal politics or power play may even influence investigations in some organizations, which are then left as an incomplete outcome or unfair one.

What is the Importance of POSH Compliance for Business?

POSH compliance ensures that every complaint of sexual harassment is handled sensitively, confidentially, and promptly.

Legal Protection: Observance of the POSH Act saves the organization from legal ramifications and litigation that may result in resultant impairment to finances and reputation.
Promote a Safe Workplace: A workplace is not only an ideal method for boosting employees' morale but also overall productivity and retention by working without sexual harassment at work. Employees will feel safe and are likely to be more committed to their roles.
Supports diversity and includes: A vibrant POSH framework ensures gender equality and inclusion of women inside the workforce, which brings more women in and keeps them performing.
Positive employer branding: Organizations that can pay attention to workforce safety issues, never tolerate harassment, and this is always looked upon more favorably by all stakeholders, clients, and potential employees and hence improves their reputation.

What is the Impact of POSH Compliance on organizational culture?

POSH compliance may transform the organizational culture when implemented effectively. It would promote an environment in which employees feel respected, valued, and, importantly, empowered enough to raise concerns without fear of judgment or repercussions. In addition to enhancing employee satisfaction, it leads to stronger organizational cohesion and success generally.

Another significant aspect is that the training and awareness programs that come as a part of POSH compliance help to sensitize the workforce better to issues based on gender, foster mutual respect for others, and decrease the tendency to discriminate.

Ensuring POSH compliance can be complex and time-consuming, with many legal requirements and procedural steps to follow. However, "Litem Legalis" is here to streamline your POSH compliance journey, making it faster and easier to create a safe and respectful workplace. Your best choice is "Litem Legalis" because:

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This makes POSH compliance a catalyst for creating a safer and more balanced work environment in India. Organisations now must move on to become above just mere compliance and invest in building a culture of respect, inclusiveness, and zero tolerance for sexual harassment. It is here that lies the magic of a work environment which can show all its employees freedom from fear of discrimination and harassment.

Frequently Asked Questions (FAQs)

What does POSH compliance mean?

POSH compliance essentially means an organization's adherence to the Prevention of Sexual Harassment Act, 2013, which imposes measures to prevent, prohibit, and address issues about sexual harassment of women at the workplace.

Who is required to follow POSH Act?

Every such establishment shall employ ten or more employees; should adhere to the POSH Act, including private companies, government offices, NGOs, and educational institutions.

What are the key elements of POSH compliance?

Key elements are the setting up of Internal Committee (IC), formulating anti-harassment policy, conduct of training for employees, procedure for dealing with complaints and inquiry, and annual report to the district officer.

What is an Internal Committee (IC)?

An IC is a committee to be instituted within organizations and would deal with complaints concerning sexual harassment. It must consist of A presiding officer, who would be female; at least two employees with social and/or legal expertise; and one external member who could be from an NGO or similar background.

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