The recent tragic incident at RG Kar Medical College and Hospital in Kolkata, where a 31-year-old trainee doctor was brutally raped and murdered on August 09, 2024, has sparked nationwide outrage. People from all walks of life, alongside doctors and medical students, have staged protests across the country against this heinous act. These sad and tragic events underscore the critical need for strict POSH compliance to prevent sexual harassment in the workplace. We must take action where we can, as POSH compliance is truly the need of the hour.
This is, therefore, a severe reminder to organizations, particularly at a time when they are revisiting their POSH policy and the programs on training, not to bypass legal compliance for sexual harassment. In this blog post, we will look at the essential constituents of POSH compliance, its key components, and how businesses can effectively put measures into action to safeguard employees.
The Importance of POSH Compliance
Every organization across India, having more than 10 number of employees, has to be POSH compliant in lieu of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. As per the law, each organization shall mandatorily have well-documented POSH policies about measures for preventing and redressing sexual harassment at a workplace. These would include drafting and vetting of POSH policies, POSH trainings conducted periodically, and filing annual returns ensuring its compliance with the concerned authority.
Strong mechanisms of POSH compliance are not only legally prescribed, but very important to be adhered to in any workplace for it to be safe and inclusive. Non-compliance to POSH policies may leave undesirable legal or reputational implications for organizations in terms of penalties or loss of trust.
It is, therefore, crucial that businesses maintain a safe office space by emphasizing the atmosphere with comprehensive POSH policies.
Key Components of POSH Compliance
There are critical components of POSH compliance that organizations must execute to ensure a safe workplace and a place free of harassment. Let’s have a brief at them:
Drafting of POSH Policy
The first imperative measure towards this direction has to be the drafting of POSH policy. Clear and comprehensive policies should define what constitutes sexual harassment at the workplace, outline incident-reporting procedures, and specify consequences for such actions. These policies form the base of safety at the workplace and, as such, have to be very easily accessible to all employees.
Vetting of POSH Policy
The POSH policy has to undertake reviewing and updating regularly so as to remain relevant and effective. Changing laws and social norms necessitate an update in policies for the organization to stay relevant and conforming to the Prevention of Sexual Harassment Act. This step will ensure that policies are not redundant or obsolete and continue to be relevant for their purpose.
Filing Annual Returns
Another important factor in POSH compliance has to do with the annual return filing. The organization by law has to file annual reports mentioning the number of sexual harassment cases reported and resolved within an organization, thereby making both transparency and accountability possible.
POSH Training and Awareness Programs
Finally, POSH training and awareness programs should be conducted at regular intervals for educating employees on their rights. Effective training cultivates respect and thus prevents harassment incidents. It helps employees learn about the procedure for reporting any form of harassment and knowledge of consequences for violating the same.
How JJ TAX Supports Your POSH Obligations
JJ TAX provides end-to-end services in POSH compliance, from the drafting and vetting of policies to meet existing legal standards, filing of annual returns, and management of all related documentation. Our experts will make sure that your business complies with the Prevention of Sexual Harassment Act so you are able to maintain the best atmosphere for work. For personalized assistance, book a call with our experts here.
