POSH Compliance Services in India - Ensure Workplace Safety

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● POSH Compliance in India (Prevention of Sexual Harassment at the Workplace) is a critical legal requirement for businesses in India. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, all workplaces, whether public or private, are required to have a mechanism to address complaints of sexual harassment.

A POSH Policy (Prevention of Sexual Harassment) is a critical component of any organization’s efforts to maintain a safe, respectful, and inclusive workplace. The policy is designed to prevent and address incidents of sexual harassment, ensuring that employees feel safe and valued at work.

Importance of a POSH Policy:

1. Prevention of Sexual Harassment: A POSH policy helps to proactively prevent incidents of sexual harassment by educating employees and creating awareness about acceptable behavior in the workplace.

2. Safe Work Environment: It ensures that employees feel safe, supported, and confident in their workplace, which is crucial for employee morale and retention.

3. Legal Compliance: The policy ensures that the organization complies with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which mandates the establishment of an Internal Complaints Committee and other provisions.

4. Employee Trust: A well-implemented POSH policy fosters trust between employees and the organization, ensuring that employees are not afraid to report incidents without fear of retaliation.

5. Conflict Resolution: It provides a structured process to resolve issues amicably, which can prevent legal complications and public relations crises.

The Protection of Women from Sexual Harassment (POSH) Act, 2013 is a landmark law designed to protect women from sexual harassment at the workplace. It aims to provide a safe and respectful environment for women to work without fear of harassment.

Key Provisions:

1. Internal Complaints Committee (ICC):
Employers must set up an ICC to handle complaints of sexual harassment.

2. Complaint Process:
Employees must file complaints within 3 months of the incident.

3. Employer’s Responsibilities:
Provide a harassment-free environment, train employees, and maintain awareness about the POSH policy.

4. Inquiry and Actions:
The ICC must complete the inquiry within 90 days and recommend action if the complaint is substantiated.

5. Annual Report:
Employers with more than 10 employees must submit a report to the District Officer.

The POSH Act, 2013 applies to all organisations with more than 10 employees. However, even organisations with fewer than 10 employees may voluntarily adopt the provisions of the Act.

1. Aggrieved Woman Employee: Any woman who feels she has been subjected to sexual harassment at the workplace can file a complaint under the POSH Act.

2. Witnesses: Colleagues or third parties who witness an incident of sexual harassment can also report it on behalf of the aggrieved woman.

3. On Behalf of Minor or Infirm: A legal guardian or representative may file a complaint on behalf of a minor or an employee who is unable to file due to mental or physical incapacity.

• ICC Set up by the Employer: Employers must establish an Internal Complaints Committee (ICC) to handle complaints. The ICC must be headed by a woman employee and should include at least 50% women members.After inquiry, if sexual harassment is confirmed, the ICC recommends actions against the perpetrator.

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, certain documents must be maintained by the Internal Complaints Committee (ICC) to ensure proper handling of complaints related to sexual harassment.

Here are the key documents that must be kept by the ICC:

1. Written Complaint by the Victim
A formal complaint from the aggrieved woman detailing the incident(s) of sexual harassment.

2. Supporting Documents/Evidence
Any additional materials submitted by the victim to support the complaint, such as emails, text messages, screenshots, or audio/video recordings.

3. Statements Recorded During the Inquiry
Written statements of the complainant, witnesses, and the alleged perpetrator collected during the inquiry process.

4. Final Report of the ICC
The conclusive report prepared by the ICC after completing its inquiry, which includes its findings and recommended actions or penalties for the accused, if necessary.

1. Appoint an Internal Complaints Committee (ICC):

Required for companies with 10+ employees. The ICC must have at least 4 members, with 50% women and a senior employee as the presiding officer.

2. Display the Sexual Harassment Policy Notice:

The policy must be visibly displayed at the workplace, including ICC contact details.

3. Conduct Awareness Programs:

Regular training for employees on sexual harassment prevention and reporting procedures.

4. Investigate Complaints Promptly:

All complaints must be investigated quickly and appropriate action taken if the complaint is substantiated.

These steps ensure a safe, harassment-free work environment in compliance with the POSH Act, 2013.

The POSH Act, 2013 has had a profound impact on workplaces in India, particularly in fostering a safer environment for women.

Key outcomes include:

1. Increased Awareness:
The Act has raised awareness about sexual harassment at work, making it a topic of discussion and concern at all levels of employment.

2. Legal Framework for Protection:
It has established clear legal provisions, providing women with a platform to report harassment without fear of retaliation.

3. Employer Accountability:
Employers are now legally obligated to ensure a safe and non-discriminatory workplace, with serious repercussions for non-compliance.

4. Internal Complaints Committees (ICC):
The creation of ICCs in every organization with over 10 employees has given women a formal process to seek redress. These committees are tasked with investigating complaints and ensuring timely action.

5. Promotion of Gender Sensitivity:
The Act encourages a culture of gender equality, making workplaces more inclusive and fair for women, and promoting zero tolerance towards sexual harassment.

Applicability: The Act applies to all workplaces with 10 or more employees, covering both private and public sector organizations.

Internal Complaints Committee (ICC): Employers must establish an ICC to handle sexual harassment complaints. The committee must include senior female employees and an external member with expertise in the issue.

Safe Work Environment: Employers are required to implement security measures like CCTV, guards, and provide a harassment-free workplace, ensuring protection against retaliation for those who file complaints.

Complaint Mechanism: Employees can file complaints with the ICC or directly with the police if the matter is serious. The complaint must be filed within 3 months of the incident.

Penalties for Non-Compliance: Employers who fail to comply with the Act may face fines up to ₹50,000, and repeat offenses can result in higher penalties and even suspension of business licenses.

Employer Responsibilities: Employers must educate employees on sexual harassment, create clear behavioral policies, and ensure a mechanism for handling complaints.

Protection for Complainants: The Act protects employees from retaliation, ensuring that those who report harassment are not subjected to discrimination or adverse consequences.

Local Complaints Committees (LCC): For smaller organizations or remote locations, LCCs can be established to handle complaints with similar powers as ICCs.

Overall, the POSH Act is designed to promote gender equality, protect employees’ rights, and ensure safe, harassment-free workplaces across India.

● The POSH Committee is a group of designated individuals responsible for ensuring compliance with the Prevention of Sexual Harassment (PoSH) Act, 2013, in India. Composed primarily of senior executives within the organization, the committee’s key roles include investigating complaints of sexual harassment, taking disciplinary actions against offenders, and establishing policies and procedures to prevent harassment in the workplace.

● The POSH Act was introduced to address the growing issue of sexual harassment at work. It mandates that organizations with more than 10 employees must establish a POSH Committee to handle such matters, outlining specific operational guidelines for its functioning. The committee is required to meet at least quarterly and document the minutes of each meeting, which must detail complaints received, investigations conducted, and any actions taken.

● Failure to comply with the POSH Act can result in fines of up to ₹50,000 for the organization. Additionally, employees who are dissatisfied with the outcomes of their company’s PoSH Committee may escalate their complaints to the National Commission for Women or the State Women’s Commission for further action.

1. Educate Employees: Provide information on POSH regulations.

2. Form POSH Committee: Set up a committee to handle sexual harassment issues.

3. Appoint Responsible Officer: Assign a dedicated officer for POSH compliance.

4. Complaint Reporting: Ensure clear reporting mechanisms and maintain meeting minutes.

5. Raise Awareness: Conduct awareness programs on legal implications and penalties.

6. Create Safe Environment: Encourage employees to report harassment without fear of retaliation.

7. Grievance Redressal: Implement a prompt grievance resolution system.

8. Establish Procedures: Define steps for handling harassment cases.

9. Monitor Compliance: Regularly ensure adherence to POSH guidelines.

• POSH Policy Adoption: 89% of organisations have implemented a POSH policy, up from 80% last year.

• Internal Complaints Committee (ICC): 72% of organisations have established an ICC, a significant increase from 54% in the previous year.

• Employee Awareness: 58% of employees are aware of the POSH policy, compared to 50% last year.

• Reporting Comfort: 41% of employees feel comfortable reporting sexual harassment, up from 33% last year.

The POSH Act 2013 applies to all organisations in India with more than 10 employees. Employers are legally required to provide a safe and secure working environment and take reasonable steps to prevent sexual harassment at the workplace.

Key points include:

● Internal Complaints Committee (ICC): Every organisation must set up an ICC to handle complaints of sexual harassment and take appropriate action against offenders.

● Filing a Complaint: Any employee who is a victim of sexual harassment can file a complaint with the ICC, either orally or in writing, and it must be signed by the complainant.

● Investigation and Action: Once a complaint is filed, the ICC investigates the matter. If harassment is confirmed, disciplinary actions such as warnings, suspension, or termination may be imposed on the perpetrator.

● Protection for Victims: The ICC is responsible for protecting the complainant from further harassment or retaliation, including measures such as transferring the victim to another department if necessary.

POSH compliance ensures that organisations provide a safe space for women to work and report harassment without fear of retaliation.

The Protection Against Harassment at the Workplace Rules, 2013 (POSH Rules) were formulated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to provide detailed guidelines for preventing and addressing sexual harassment at the workplace.

1. Applicability:
● The POSH Rules apply to organizations with 10 or more employees.
● Sexual harassment is defined as any unwelcome sexual behavior that creates a hostile work environment or affects a woman’s career.

2. POSH Policy:
● Organizations must have a written POSH policy.
● The policy must define sexual harassment, include a complaint mechanism, and ensure confidentiality.

3. Complaint Mechanism:
● A two-tier system:
● Internal Complaints Committee (ICC) for handling complaints within the organization.
● Local Committee for unresolved cases or organizations with fewer than 10 employees.

4. Employer’s Responsibility:
● Ensure the POSH policy is displayed and communicated to all employees.
● Conduct training on sexual harassment prevention.
● Take action against offenders and protect the complainant.

5. Action and Redressal:
● Victims can file complaints with the ICC, Local Committee, or police.
● Employers must take prompt disciplinary action if harassment is confirmed.

● Experienced Legal Team: Our team of expert lawyers ensures your company meets all regulatory requirements related to POSH compliance.

● Comprehensive Support: From drafting policies to setting up Internal Complaints Committees (ICC), we provide end-to-end support to implement POSH compliance seamlessly.

● Customer-Centric Approach: We are committed to offering excellent customer service, guiding you through the process and ensuring a safe and compliant workplace.

With gts, you can ensure that your workplace is fully compliant with the POSH Act and create a secure environment for all employees.

1. What is PoSH compliance as per Companies Act 2013?

POSH Compliance under the Companies Act, 2013
Under the Companies Act, 2013, PoSH compliance requires companies to:
1. Implement an Anti-Sexual Harassment Policy.
2. Establish an Internal Complaints Committee (ICC).
3. Provide training on sexual harassment and employees’ rights.
4. Ensure a safe and respectful work environment.
The aim is to prevent sexual harassment and promote fair treatment for all employees.

2. Is the PoSH committee mandatory?

Yes, forming an Internal Complaints Committee (ICC) is mandatory under the PoSH Act for organizations with 10 or more employees. The committee is responsible for handling complaints of sexual harassment and ensuring compliance with the Act.

3. What is Section 10 of the POSH Act?

Section 10 of the PoSH Act allows for conciliation before an inquiry begins, if requested by the aggrieved woman. The process aims to resolve the issue amicably, but no monetary settlement is allowed. If successful, no formal inquiry is needed, but the settlement must be documented and enforced.

4. What is Section 11 of the POSH Act?

Section 11 of the PoSH Act outlines the procedure for the Internal Complaints Committee (ICC) to handle complaints. It includes:

Notice to Respondent: Informing the accused and allowing them to respond.
Inquiry: A fair and confidential investigation.
Timeline: The inquiry must be completed within 90 days.
Report: ICC submits its findings and recommendations to the employer.

The section ensures a fair, timely, and transparent process for addressing sexual harassment

5. What is Section 7 of the PoSH Act?

Section 7 of the PoSH Act outlines the powers and functions of the Internal Complaints Committee (ICC), including:
1. Receiving and investigating complaints of sexual harassment.
2. Conciliation (if requested by the complainant).
3. Making recommendations to the employer after the inquiry.
• What is the latest act of PoSH?
The latest Act governing sexual harassment at the workplace is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the PoSH Act. It aims to provide a safe working environment for women by preventing, prohibiting, and addressing sexual harassment at the workplace.

6. What are the key provisions of the POSH Act?

Key provisions of the PoSH Act (2013):
1. ICC Formation: Required in workplaces with 10+ employees.
2. Complaint Filing: Employees can file complaints with the ICC.
3. Investigation: ICC investigates complaints confidentially.
4. Penalties: Non-compliance and perpetrators face penalties.
5. Training: Employers must conduct awareness programs.
The Act ensures a safe, harassment-free workplace for women.

7. How can GTS help organisations with POSH Compliance?

GTS supports POSH compliance by:
1. Drafting POSH policies
2. Setting up Internal Complaints Committees (ICCs)
3. Conducting employee training
4. Performing compliance audits
We help ensure a safe, harassment-free workplace.

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