+917604047601
With the introduction of the Prevention of Sexual Harassment (POSH) Act in India, employees are offered protection from sexual harassment in the work environment. The Act was introduced in 2013 and serves as a key piece of legislation for the safety of all employees at the workplace, with an emphasis on women empowerment. Employers need to be well-versed with the Act as it sets out their obligations and the repercussions of failing to observe them.
The Basics of Understanding the POSH Act India
What is the Reason and Aim Behind the POSH Act
The POSH Act is designed to eliminate and deal with sexual harassment in the workspaces, allowing women to work without fear of being harassed. The law has a very expansive definition for harassment that includes any unwelcome acts that create an intimidating, hostile, or humiliating work environment.
Primary Features Governing Sexual Harassment Laws in India
Among the provisions of the Act there are several key aspects that have been defined:
- Definition of Sexual Harassment: The law uses a wide scope in defining sexual harassment, which includes but is not limited to physical contact, suggestive comments, and indecent exposure.
- Scope: The POSH Act encompasses all places of work irrespective of ownership, and employees from even those industries which have limited support are covered under its purview.
- In-House Complaints Committees (ICCs): Any organization with a minimum of ten employees is compelled to form ICCs, which will handle complaints in a more professional manner.
General Overview of the Law Highlights Outlined by the Act
There is a legal infrastructure that has been detailed in the POSH Act which ‘poses’ a definitive methodology towards a complaint in respect. Processes to provide justice are embedded and safeguards against victimization are a must. It is fundamentally important in achieving a sense of accountability at all levels in organizational set up.
Employer Responsibilities Under POSH
- Establishment of Internal Complaints Committees (ICCs): One of the key things under the POSH act is the establishment of Internal Complaints Committees (ICCs).
- Regulatory Provision for Office with a Staff Complement of 10 and Above: All offices with a staff complement of 10 and above shall have an ICC to deal with allegations of sexual harassment in the workplace.
- Composition of ICCs and their Functions Regarding Complaints: An ICC normally consists of a chair-person (lady), 2 members from the organisation, and one member from outside the organisation. They are responsible for receiving complaints, investigating them and making recommendations.
- Drafting Policy and Dissemination: Employers are required to have a sound anti-harassment policy which incorporates the provisions of the POSH Act.
- One of the Best Practices to Prevent Harassment is to Have a Defined Policy: A defined policy outlines the means for preventing harassment and provides guidance on addressing issues which could arise.
- Ensuring All Employees Understand an Anti-Harassment Policy: This policy should be sufficiently presented in employee handbooks, training, and even reminders.
Conducting Awareness Programs
These are usually intended to create adequate training and awareness of workplace safety.
- For Regular Training and Awareness Sessions About Sexual Harassment Laws in India: Employees should know the broad issues concerning sexual harassment, what qualifies, and if at all there is a need, how to report these issues.
- Programmatic Methods of Engagement for Employees: Use training sessions that allow for discussion and use of scenarios in the form of role play or videos with an online component.
The Complaint Mechanism and Investigation Process
The existence of a complaint mechanism is an important precondition to filing a report.
- Filing a Complaint Mechanism With Transparency: Guidelines need to be formulated that will assist employees in filing anonymous complaints.
- Procedure and Timeline for Complaints Filed Under the POSH Act: The Act provides for the investigation of complaints to be done within 90 days. All stakeholders should be treated fairly in the process.
Legal Implications for Employers
Consequences of Non-compliance
Failing to comply with the provisions of the POSH Act can lead to serious legal repercussions.
- Overview of Penalties for Failing to Adhere to the POSH Act: Employers who do not adhere to the requirements may face fines ranging from ₹50,000 to ₹1 million, depending on the severity of the violation.
- Legal Repercussions, Including Fines and Potential Criminal Charges: In severe cases, employers may also face criminal charges if found guilty of negligence or complicity in harassment cases.Consulting with the best corporate lawyers in India can help employers navigate these potential legal challenges effectively.
Case Studies from Kolkata
Kolkata has seen several notable cases related to the POSH Act that highlight its implications for employers.
Calcutta High Court Ruling on Procedural Adherence in Sexual Harassment Complaints
This case emphasized the importance of following proper procedures when handling complaints. The court ruled that any deviation from established protocols could lead to dismissal of complaints, thereby undermining employee trust in the system.
This case serves as critical reminders for employers about their responsibilities under the POSH Act and reinforces the need for adherence to legal standards. Engaging with experienced legal professionals or consulting with some of the best corporate lawyers in India can provide valuable guidance on these matters.
Other Related Labour Laws in India
Some other labour laws that exist alongside the POSH Act include the following:
The Sexual Harassment of Women at Workplace Act, 2013 as well known as ‘The POSH Act’, which particularly prevents women from being disrespected or discriminated at work.
The Industrial Disputes Act, 1947: This legislation deals with the disputes between the employers and the employees. It also includes provisions for workplace harassment.
The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952: This act has been developed to provide occupational social security to the employees, but further encourages an enabling environment free from violence against women.
The Equal Remuneration Act, 1976: This legislation enforces remuneration benefits for all the genders making the workplace fairer and more tolerable.
Practical Recommendations for Employers
To effectively achieve a safe work environment in compliance with the requirements of the POSH Act:
Guidelines for Appropriate Work Environment: Creating an environment in which the employees can freely communicate their problems without any fear of being victimised.
Guidelines for Promoting Dignity at Work: It is also possible to maintain respect and nurture spirit through team building activities within the work ethos.
Need for conducting regular audits and compliance checks: Regular audits guarantee that policies are adhered to and allow the organisation to detect the weaknesses and areas that need improvements.
Conclusion
POSH responsibilities of an employer are important not only for compliance but their basic understanding is very important for better workplace culture. There are steps that need to be taken proactively by employers such as self-education on these responsibilities and policy formulation. Sometimes it is important to get online lawyer consultation or free legal advice online can be beneficial in navigating these complexities.
All employers and employees must observe and understand what their rights and responsibilities are with regards to the POSH Act in india . Legal advice is useful in developing effective policies on sexual harassment in a particular office as it is important to comply with the law. Attitude change and education on such matters is very important because it makes it possible for employees to enjoy safe work environments where the employees feel respected and important.
Share on
×