refers to adherence to the legal framework established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, in India. This law mandates the establishment of mechanisms to prevent and address sexual harassment at the workplace. Here's an overview of the benefits of POSH compliance and the documents required for it:
Ensures adherence to the legal requirements set by the POSH Act, helping to avoid legal penalties, fines, and potential litigation.
Creates a safer and more respectful work environment by addressing and preventing incidents of sexual harassment.
Enhances employee trust and morale by demonstrating the organization’s commitment to creating a respectful and safe workplace.
Improves the organization’s reputation by showing that it is serious about addressing sexual harassment and upholding ethical standards.
Proper implementation of POSH policies reduces the risk of legal action by effectively managing and resolving complaints of harassment.
A positive work environment where employees feel safe and respected can lead to increased productivity and job satisfaction.
Promotes awareness and understanding of sexual harassment issues among employees, fostering a more inclusive workplace culture.
Provides clear guidelines and procedures for addressing harassment, which can streamline the handling of complaints and improve outcomes.
POSH stands for Prevention of Sexual Harassment. It is a legal framework under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, aimed at preventing and addressing sexual harassment of women at workplaces.
Employers are required to: - Establish an Internal Complaints Committee (ICC):To handle complaints of sexual harassment. - Create a Policy: Develop and disseminate a POSH policy that outlines the process for handling complaints. - Conduct Awareness Programs: Educate employees about sexual harassment and their rights. - Provide a Safe Working Environment: Ensure that the workplace is free from sexual harassment and discrimination. - Maintain Records: Keep records of complaints, investigations, and actions taken.
The ICC should consist of: - Presiding Officer , Assitant Presiding Officer , Members and External Member from an NGO or association experienced in handling sexual harassment issues.
The investigation should be completed within 90 days from the date the complaint is filed. The ICC must provide its report and recommendations to the employer within this timeframe.
Disciplinary action against the guilty employee can include: -Warning or Reprimand , Suspension , Termination of Employment and Other Actions As per the organization’s disciplinary policies.
The complainant can appeal to the employer or the appellate authority designated under the POSH Act if they are dissatisfied with the outcome of the ICC's decision.
Yes, non-compliance with POSH requirements can result in penalties, including: Fines: For failing to establish an ICC or implement a POSH policy. Legal Action:The organization may face legal challenges and reputational damage. Compensation: In case of failure to address the complaint adequately.
Yes, the POSH Act applies to all organizations with 10 or more employees, regardless of their size or type (private, public, non-profit, etc.).
