What are the Duties of Employer under POSH Act 2013

Establishing an Internal Complaints Committee (ICC)

Under the POSH Act 2013, every employer is required to constitute an Internal Complaints Committee (ICC) at each office or administrative unit for POSH Compliance. The ICC plays a crucial role in receiving and redressing complaints of sexual harassment at the workplace under the POSH policy. It should be headed by a woman and consist of at least half of its members as women. The ICC should be properly constituted, and its members should be trained to handle complaints sensitively and effectively to ensure a safe and respectful workplace environment.

Spreading Awareness

Employers have a duty to create awareness about the provisions of the POSH Act 2013 among employees. This can be done through regular training sessions, workshops, and awareness campaigns. By educating employees about their rights and the process to report incidents of sexual harassment, employers empower them to take action and contribute to a safe workplace culture.

Implementing a Policy Against Sexual Harassment

Employers are required to develop and implement a comprehensive policy against sexual harassment. The policy should clearly define what constitutes sexual harassment, provide examples of unacceptable behavior, and outline the procedure for filing complaints. It should be easily accessible to all employees and communicated effectively.

Ensuring Confidentiality

Confidentiality is crucial in handling complaints of sexual harassment. Employers must ensure that the identity of the complainant and the details of the complaint are kept confidential throughout the investigation process. This helps protect the privacy of the individuals involved and encourages more employees to come forward and report incidents without fear of retaliation.

Conducting Internal Inquiries

When a complaint of sexual harassment is received, employers must promptly initiate an internal inquiry. The inquiry should be conducted in a fair and unbiased manner, giving both the complainant and the respondent an opportunity to present their side of the story. The employer should ensure that the inquiry is conducted within a reasonable time frame and in accordance with the principles of natural justice.

Taking Appropriate Actions

Based on the findings of the internal inquiry, employers should take appropriate actions to address the complaint. If the complaint is found to be true, disciplinary action should be taken against the harasser, which may include warning, suspension, termination, or any other suitable penalty. It is important for employers to send a strong message that sexual harassment will not be tolerated in the workplace.