What is the POSH Act?
The POSH Act, which stands for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was created to safeguard women from sexual harassment at work. It arose from the Vishakha Guidelines, established by the Supreme Court in 1997.
Why was the POSH Act enacted?
This law ensures a safe and respectful work environment for female employees by preventing and prohibiting sexual harassment. It mandates a complaint mechanism for addressing such issues.
What is considered sexual harassment under the POSH Act?
The Act defines sexual harassment as any unwelcome behavior, including:
- Physical contact and advances
- Demands or requests for sexual favors
- Sexually suggestive remarks
Any unwelcome verbal, nonverbal, or physical conduct of a sexual nature
What are the employer’s responsibilities under the POSH Act?
The POSH Act places legal obligations on employers to:
- Provide a safe work environment:Employers must take steps to prevent sexual harassment and ensure all employees feel secure.
- Draft and implement a POSH policy:This policy should clearly define sexual harassment and outline the complaint process.
- Form an Internal Complaints Committee (ICC):Establish an ICC with at least four members, including an external member and a woman chairperson, to investigate complaints.
- Raise awareness:Employers must organize training programs to educate employees about the POSH Act and their rights.
- Take action:Investigate complaints promptly and take appropriate disciplinary action against those found guilty.
- Submit reports:Organizations with ten or more employees must submit annual reports on POSH compliance.
What are the consequences for non-compliance?
Employers who fail to comply with the POSH Act can face fines and even the cancellation of their business licenses for repeat offenses.
What is POSH training?
POSH training educates employees about:
- What constitutes sexual harassment
- The organization’s POSH policy and complaint procedures
- How to report sexual harassment confidentially
- Strategies to prevent sexual harassment, including respectful communication
Why is POSH training important?
POSH training is crucial for creating a safe and inclusive workplace for all employees. Regular training ensures everyone is aware of their rights and responsibilities under the POSH Act.