Updated on June 18, 2025 12:22:31 PM
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.
POSH Compliance refers to adhering to the legal requirements outlined in India's Prevention of Sexual Harassment (POSH) Act, 2013, which mandates organizations to create a safe and harassment-free workplace. It applies to all employers with 10 or more employees and requires the establishment of an Internal Committee (IC) to address complaints, conduct investigations, and ensure timely resolution. POSH Compliance also involves implementing anti-sexual harassment policies, conducting regular employee training programs, and maintaining proper reporting mechanisms to foster a secure and inclusive work environment. By fulfilling these obligations, organizations not only comply with the law but also promote a culture of respect and accountability, reducing the risk of workplace harassment.
Implementing these components fosters a safer, respectful workplace and fulfills legal obligations under the POSH Act:
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.
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
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:
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:
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.
POSH compliance ensures that every complaint of sexual harassment is handled sensitively, confidentially, and promptly. It provides the following benefits:
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.
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.
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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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.
Every such establishment shall employ ten or more employees; should adhere to the POSH Act, including private companies, government offices, NGOs, and educational institutions.
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.
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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