Compliances under Sexual Harassment of Women at Workplace Act, 2013 (PoSH)
The Prevention of Sexual Harassment (POSH) Act, 2013, is a significant labor law in India that aims to create safe workplaces for all employees, especially women, by addressing sexual harassment. It mandates that every employer in India establish mechanisms to prevent, prohibit, and redress complaints of sexual harassment in the workplace. Here's an overview of the POSH Act and its relevance to labor law:
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Penalties for Non-Compliance
- Failure to comply with the POSH Act can result in:
- A fine of up to ₹50,000.
- Cancellation or non-renewal of business licenses in case of repeated violations.
Scope
- Applicable to all workplaces in India, including public and private sectors.
- Covers women employees, whether permanent, temporary, contractual, interns, or visitors.
- Applies to acts of harassment by colleagues, supervisors, clients, or any third party
Annual Compliance
- Employers must include details of POSH compliance in their annual report submitted to relevant authorities.
Definition of Sexual Harassment
The Act defines sexual harassment as any unwelcome act, such as
- Physical contact and advances.
- A demand or request for sexual favors.
- Making sexually colored remarks.
- Showing pornography.
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
The POSH Act integrates with broader labor law frameworks, ensuring
Employee Welfare
Aligns with constitutional rights to equality and dignity (Articles 14, 15, and 21).
Safe Work Environment
Mandates employers to create an environment free of gender discrimination and harassment.
Employee Grievance Redressal
Forms part of workplace policies and grievance mechanisms required under labor laws.
Employer Accountability
Adds a layer of accountability for employers, promoting compliance with occupational health and safety standards.
At SGCMS, we specialize in providing comprehensive services related to the Sexual Harassment of Women at Workplace Act, 2013. Our team of experts offers consultation, training, and support to organizations in achieving full compliance with this critical legislation. Here's how we can assist your organization:
Development and Implementation
- Drafting Policies : Assisting organizations in developing a clear and comprehensive POSH policy in compliance with legal requirements (e.g., India’s POSH Act, 2013).
- Customizing Guidelines : Tailoring policies to fit the specific needs and structure of the organization while maintaining legal compliance.
- Communicating Policies : Ensuring that all employees are informed about their rights and obligations under the POSH policy.
Training and Awareness Programs (Physical / Virtual Workshops)
- Employee Training : Conducting workshops to educate employees on what constitutes sexual harassment, how to prevent it, and the steps to report issues.
- Leadership Training : Equipping leaders and managers with the tools to recognize and address inappropriate behaviour.
- Sensitization Programs : Fostering a culture of respect and inclusivity through regular awareness drives.
Setting Up and Supporting the Internal Committee (IC)
- Formation of the IC : Helping organizations form an Internal Committee as per legal mandates, ensuring the right mix of members, including an external member.
- Training IC Members : Providing training on handling complaints, conducting inquiries, and maintaining confidentiality.
- Guidance on Procedures : Advising the IC on proper protocols and fair inquiry practices.
- Empanelment as an External Committee Member
Legal and Compliance Oversight
- Ensuring Compliance : Assisting organizations in adhering to legal requirements, such as submitting annual reports to appropriate authorities.
- Staying Updated : Keeping abreast of changes in laws and regulations to update policies and practices accordingly.
- Mitigating Risks : Identifying gaps in compliance or culture that may expose the organization to legal or reputational risks.
Promoting a Positive Work Culture
- Proactive Measures : Encouraging bystander intervention and creating mechanisms for employees to voice concerns safely.
- Feedback Mechanisms : Regularly collecting and acting on feedback to improve workplace culture.
- Celebrating Diversity and Respect : Reinforcing values of equality, mutual respect, and inclusion.
Complaint Resolution
- Investigation Support : Guiding the IC in handling complaints effectively and ensuring due process is followed.
- Mediation and Resolution : Assisting in informal resolutions, where appropriate, and ensuring timely action.
- Documentation : Ensuring all proceedings are documented in compliance with legal standards.
Ensure a safe and respectful workplace for all employees while adhering to the Sexual Harassment of Women at Workplace Act, 2013 with the dedicated services provided by SGCMS. Contact us today to take proactive steps toward compliance and fostering a culture of dignity and respect. Remember, a workplace free from sexual harassment is not only a legal requirement but also a fundamental right of every individual.
Benefits of POSH Compliance
Legal Safeguards : Protects organizations from lawsuits and penalties.
Positive Work Culture : Promotes trust and gender equality.
Employee Retention : Ensures employees feel safe and valued.
By blending POSH with broader labor laws, organizations can ensure compliance and foster a respectful, inclusive, and harassment-free workplac
Contact us today to explore how SGCMS can transform your employees’ experience. Your success is our commitment.
FAQs
Sexual Harassment of Women at Workplace Act, 2013 Related
he Sexual Harassment of Women at Workplace Act, 2013, is an Indian legislation designed to prevent and address instances of sexual harassment at workplaces. It mandates creating a safe and secure environment for women employees and outlines procedures for addressing complaints of harassment.
Sexual harassment can include unwelcome sexual advances, requests for sexual favors, sexually colored remarks, physical contact, or any other unwelcome behavior of a sexual nature that creates an uncomfortable or hostile work environment.
