The POSH Act is the unwavering guardian of every individual in the workforce – be it permanent, ad hoc, temporary, contractual, freelancers, interns, or even visitors to the premises. This applies to all workers in the public and private sectors, including health, sports, education, government institutions, and any place of visit during the employment.
Enter the new era of workplace safety with the POSH Act – your defender against harassment and a catalyst for empowerment. We’re writing this newsletter with the intention of charting a roadmap for you to understand the essence of the Prevention of Sexual Harassment of Women at Workplace Act (POSH), 2013.
Let’s learn why it’s crucial, explore its influence, and join us in workplaces where dignity and equality are non-negotiable.
What is POSH?
The POSH Act goes straight to the heart of the matter, clearly spelling out what counts as unacceptable behaviour in the workplace. It doesn’t play favourites – employers, employees, and even third-party workers all fall under its protective umbrella, ensuring no one slips through the cracks.
But it doesn’t stop at just definitions. The Act sets up a sturdy system for reporting incidents of sexual harassment. The process gives the victims a voice and ensures a fair and unbiased investigation. It’s about empowerment, about making sure that justice isn’t just a word but a tangible reality for those who need it the most.
What are the employer’s obligations under the POSH Act?👩💼
Employers play a crucial role in creating a safe and harassment-free work environment. The POSH Act mandates employers to take proactive measures to prevent sexual harassment, including formulating a POSH policy and the constitution of an Internal Complaints Committee (ICC).
Preventive Measures🔐
POSH Policy: Formulate and widely disseminate a comprehensive POSH policy outlining acceptable workplace behaviour, complaint procedures, and consequences for violators.
Awareness training: Conduct regular training sessions on sexual harassment for all employees and third-party workers, explaining the meaning, types, prevention, and reporting of such offence.
Workplace environment: Take steps to create a work environment free from offensive jokes, comments, and behaviour. This includes providing safe transportation and secure working spaces.
Zero tolerance: Develop a clear zero-tolerance policy towards sexual harassment and communicate it effectively to all stakeholders, employees and other individuals.
Complaint Mechanism
Internal Complaints Committee (ICC): Constitute an ICC at every office branch or administrative unit with at least more than half of its members being women. Ensure that the ICC is presided by a woman who is at the senior level of the organisation.
Reporting procedures: Establish clear and accessible procedures for reporting sexual harassment complaints, including options for both formal and informal complaints.
Investigation: Ensure that the ICC conducts a fair and impartial investigation into all related complaints by following proper confidentiality safeguards.
Remedies: Upon finding a complaint valid, the ICC can recommend various remedies, including disciplinary action against the perpetrator, compensation for the victim, and transfer or change in job role.
Additional Responsibilities📝
Maintain records: Keep records of all complaints and the ICC’s actions for at least three years.
Periodic review: Regularly review the POSH policy and update it based on the required changes in law and best practices.
Annual report: Submit an annual report to the designated authority (the District Officer) summarizing the number of complaints received, actions taken, and any challenges faced.
Circumstances Constituting Sexual Harassment under POSH Act⚖️
The POSH Act allows employees to report sexual harassment without fear of backlash. It prioritizes confidentiality, keeps the complainant’s identity protected, and bans any form of retaliation.
If a sexual harassment case is proven, the Act provides various remedies to the victim such as compensation and disciplinary actions to be taken against the accused. These measures highlight a commitment of restoring justice and dignity to the victim.
Promise or Threat in Employment:
- Implied or explicit promise of special treatment in employment.
- Implied or explicit threat of adverse treatment in employment.
Employment Status:
- Implied or explicit threat concerning present or future employment status.
- Interference with Work Environment
Interference with work or actions creating an intimidating, offensive, or hostile work environment.
Health or Safety Impact:
- Humiliating treatment that is likely to impact victim’s health or safety.
Bottom Line
It shall be concluded that the POSH Act isn’t just a set of rules; it’s a guide towards safe and fair workplaces in India. Following the said principles isn’t just a legal duty but a moral responsibility. This commitment creates spaces where everyone, regardless of gender, can thrive and contribute to our nation’s progress without fear of harassment.
JJ Tax, in embracing the principles of POSH Act, plays a significant role in creating spaces where every employer and employee, no matter their gender, can thrive.
Let’s keep working towards making our workplaces safe, equal and full of progress.
In workplaces where respect is the norm, together we uphold, in the POSH reform!