10 Common Trademark Mistakes

POSH COMPLIANCE CHECKLIST FOR STARTUPS AND SMEs


INTRODUCTION

Startups and SMEs are the most popular sectors and most of the women are working in these sectors. The POSH Act not only protects women's dignity but also it ensures law and order. The Act states that every enterprise which has employed more than 10 members should establish an Internal Compliance Committee. The Act mandates that if an enterprise has less than 10 members, then the Local Committee has authority to inquire into the complaints. In this comprehensive POSH compliance checklist, we have explained the essential requirements for workplace safety compliance.

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The POSH Act has been enacted not only for Large scale enterprises but also for Startups and SMEs. The Startups and SMEs should follow this POSH compliance checklist according to the POSH Act. Every establishment irrespective of its size has a responsibility to safeguard the rights and dignity of the women in the workplace.

UNDERSTAND POSH ACT AND APPLICABILITY

In order to ensure legal responsibility and foster dignity in the workplace, the first step is that the employer should clearly understand the POSH Act and its applicability. Without knowing the nuisances of the Act, effective implementation is not possible for small enterprise harassment prevention.

CONSTITUTING A VALID INTERNAL COMMITTEE

We all know that the main purpose of the POSH Act is to constitute an Internal Committee. After getting clarity about the Act, the employer should constitute an Internal Committee with proper composition and qualified members for POSH internal committee formation.

POSH POLICY DEVELOPMENT

POSH policy development is very essential for any action for successful implementation. The Employer should develop a comprehensive POSH policy in order to protect the safety of women employees. The Policy should be logical, well structured and it should be reviewed and updated periodically. It should be accessible to all the employees.

IMPLEMENTING POSH AWARENESS TRAINING

As a part of POSH policy, employers should arrange POSH awareness training for the members of the Internal committee. In accordance with Section 19(c) of the Act, organizations must regularly conduct POSH training programs to educate staff members on sexual harassment, their rights, and appropriate workplace conduct.
These employee awareness training programs can be in the form of Expert Instructor led Workshops or interactive e-learning solutions. In addition, IC members must get specialized training on how to address complaints tactfully and within the allotted time.

EMPLOYEE AWARENESS PROGRAMS:

As a part of a training programme for employees, it is the responsibility of the employer to generate awareness about POSH and its functioning mechanisms. The woman employee should know their right to life with dignity and the right to legal representation. The Employer shall conduct an employee awareness program periodically. They shall publish notice in the office regarding the POSH Act in the language that is understandable by the employees.

REDRESSAL FORUM:

The Local Committee acts as a redressal forum for the disputes that arose from the sexual harassment at workplace in Startups and SMEs. The Women who faced sexual harassment at a workplace should give a complaint within one year from the last incident.

DOCUMENTATION AND REPORTING

The Company should maintain proper POSH documentation requirements of all its activities. The Regular inquiry and dispute settlement data should be submitted to the District officer in regular intervals. The Entities where there is an Internal Committee should make the annual compliance report of its activities, the number of complaints received, number of cases disposed and number of employees transferred and all other details should be submitted periodically to the District Officer.

FOSTER A RESPECTFUL WORK CULTURE

In order to have a respectful work culture and to achieve the goal of the POSH Act, Enterprises must ensure respectful treatment of female staff members. The Employer must ensure workplace safety for employees and be safe and secure at the workplace.

CASE STUDY Global Health Pvt Ltd Vs Local Committee, South Delhi

In this case, the Delhi High Court emphasized the importance of Internal Committee formation though it is a Small size Industry. Global Health pvt Ltd has failed to constitute an IC. Whenever a female employee faced harassment, they made a complaint to the Local Committee. The Delhi High Court held that the non-compliance of the employer results in loss of internal autonomy.

BUILDING A CULTURE OF ACCOUNTABILITY AND TRUST

Implementing POSH compliance is a commitment to creating a respectful, safe, and dignified workplace culture in addition to being a matter of regulatory compliance. For startups and SMEs, it is both an ethical as well as a strategic imperative to inculcate the philosophy of the POSH Act in the organizational culture from the very beginning. By creating an efficient Internal Committee, possessing a clearly articulated POSH policy, turning continuous employee awareness training into an investment, and being transparent through documentation and declaration, employers can create an environment where women are empowered and protected.

Ultimately, the success of every business, whether it is a small start-up or a developing SME, depends on its employees. Women accomplish more confidently and with greater commitment when they feel heard, respected, and safe. Therefore, adhering to the POSH Act compliance checklist is about creating an inclusive, forward-thinking, and high-performing workplace rather than just following the law.

Frequently Asked Questions

Is POSH compliance mandatory for startups and small enterprises? Yes,

Every establishment which has 10 or more employees should comply with the provisions of the POSH Act.

2. What is the role of the Local Committee in POSH compliance?

The Establishments which have less than 10 employees need not establish an Internal Committee. They have to comply with the Local Committee.

3.Can startups outsource POSH training and compliance?

Indeed. If a startup lacks internal experience, they might hire qualified specialists or companies to handle POSH awareness training and compliance.

4.What should a POSH policy include?

The definition of sexual harassment, employee rights, redressal procedures, IC/LC roles and responsibilities, confidentiality clauses, and sanctions for false accusations should all be covered in a comprehensive POSH policy.

5.How often should POSH awareness sessions be conducted?

At least once a year, POSH awareness training should be held, with recurring refresher courses. During onboarding, new hires should be made more aware of their rights through employee awareness programs.

6.What are the documentation requirements for POSH compliance?

Records of complaints and their resolutions, annual compliance reports, training attendance sheets, minutes of IC meetings, and copies of notices and awareness materials must all be kept on file by employers as part of POSH documentation requirements.

7.What are the consequences of non-compliance with the POSH Act?

Financial fines, licence suspensions for businesses, and legal action by the government or the harmed employee are all possible outcomes of POSH Act non-compliance.

8.Who can be the external member of the Internal Committee?

An external member must be from an organisation or organisation dedicated to women's rights, or they must have legal expertise or be knowledgeable about sexual harassment issues for Internal Committee formation.

Are male employees covered under the POSH Act?

No, sexual harassment of women in the workplace is particularly covered by the POSH Act. For further safety, businesses can choose to implement gender-neutral policies for workplace safety.

10.Does the POSH Act apply to remote or virtual workplaces?

Indeed. Because harassment can also happen online, the POSH Act covers any setting where work is done, including remote meetings and work-from-home arrangements.