A safe and respectful work environment for all employees is paramount in the present times. The POSH Act, 2013, has come into effect in India with the purpose of laying down duties or responsibilities of the employers in preventing and addressing sexual harassment at the workplace.
It becomes imperative for an employer to understand their obligations and take necessary measures to comply with the POSH Act 2013. The article endeavours to provide an all-inclusive guide on the responsibilities of an employer under the POSH Act 2013 and aid in making your workplace a safer place for employees.
Table Of Content
Understanding the POSH Act 2013
POSH Act 2013 is an important legislation dealing with the prevention and addressing of sexual harassment at the workplace. It provides a legal framework for addressing complaints on sexual harassment and outlines the duties and responsibilities of employers in maintaining a safe working environment. It covers all workplaces, which include offices, factories, shops, educational institutions, hospitals, or any place where employees work.
Duties of Employer under POSH Act 2013
Setting up an Internal Complaints Committee
Under the POSH Act 2013, every employer shall constitute an Internal Complaints Committee at the office or administrative unit for the purposes of POSH compliance. The ICC is of great importance in receiving and redressing complaints of sexual harassment at the workplace under the POSH policy. It must be headed by a woman and at least half of its members should be women. The ICC shall be properly constituted, and the members thereof trained to handle complaints with sensitivity and in a manner that would ensure a safe and respectful work environment.
Spreading Awareness
Employers have a responsibility to let employees know about the rules in the POSH Act 2013. They can do this by holding regular training sessions, workshops, and awareness events. Teaching employees about their rights and how to report sexual harassment helps them know what to do. This makes them feel more confident and helps create a safer workplace for everyone.
Putting a Policy Against Sexual Harassment into Practice
Employers should formulate a sexual harassment policy that is comprehensive in scope and then implement it. The policy should contain the definition of sexual harassment, examples of prohibited conduct, and procedures for filing a complaint. It should be easily available to all employees and communicated clearly.
Ensuring Confidentiality
It’s important to keep the details of a sexual harassment complaint private. Employers need to make sure the complainant’s name and the information about the complaint are not shared during the investigation. This helps protect the people involved and makes employees feel safe to report problems without being worried about being punished.
Internal Investigations
When someone reports sexual harassment, the employer should start an investigation as soon as possible. Delaying can make things worse and prevent the issue from being resolved properly. The inquiry should be conducted in a just and fair manner, affording the opportunity to both the complainant and respondent to put up their case. In conducting the inquiry, an employer shall ensure that it is carried out within a reasonable time and that the principles of natural justice are followed.
Taking Appropriate Actions
Employers should take appropriate actions based on the findings of the internal inquiry into the complaint. Disciplinary action, including warning, suspension, and termination, or any other suitable penalty should be launched against the harasser if found to be true. Employers have to send a very strong message that sexual harassment cannot be tolerated in the workplace.
Conclusion
Creating a workplace that is safe and respectful is both a legal requirement and something that employers should care about.
By following the rules of the POSH Act 2013, employers can help build a place where every worker feels respected and valued. Remember, it's better to stop problems before they happen. Taking steps to prevent sexual harassment is key to keeping the workplace healthy and positive.
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Frequently Asked Questions (FAQs)
What are the responsibilities of an employer under POSH Act 2013?
The responsibilities of an employer under the POSH Act includes implementation of preventive and redressal mechanism for prevention of Sexual Harassment at workplace.
What is the deadline for constituting an Internal Complaints Committee (ICC) under the POSH Act 2013?
The ICC should be constituted within 90 days from the date of the POSH Act 2013 coming into force. It is important to ensure timely compliance to provide a safe working environment for employees.
What are your rights under the POSH Act?
Under the POSH Act, every employee has the right to a safe and harassment-free workplace. POSH Know Your Right ensures employees can report sexual harassment, get a fair ICC inquiry, and stay protected from retaliation.
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